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- MacNeil/Lehrer News Hour, Thursday, 4/7/94
- Transcribed by: }\/[arc Hedlund <hedlund@teleport.com>
-
- Focus: "Open Sesame"
-
- [Robin MacNeil:] Next tonight, law enforcement versus privacy on the
- information highway. A tiny piece of silicon, the Clipper Chip, has raised
- questions about how to balance individual privacy rights with the needs of
- law enforcement agencies in the computer age. Time Magazine technology
- editor, Philip Elmer-DeWitt, reports.
-
- [DeWitt:] Today's high-tech information highway has a major drawback: for
- some people, it's not private enough. Many of the routine transactions
- conducted by computer and over phone lines leave a trail of digital
- "fingerprints:" messages recording the time, and date, and nature of the
- transaction. These are stored on computer disks, and can be easily traced.
- Some consumers simply need absolute security, the assurance that
- confidential phone calls, faxes, or financial transactions cannot be
- intercepted.
-
- [SKIT BEGINS: A phone rings. Woman at desk answers it.]
-
- [Woman at desk:] Good morning, AT&T.
-
- [Man on phone:] Good morning, Ms. Bishop? This is Mr. McGovern.
-
- [DeWitt (as narrator):] To keep transactions private, computer experts
- advise people to talk in code, as these representatives from AT&T
- demonstrate.
-
- [Mr. McGovern:] I'd like to go secure if we could, please. I'll come to
- you. [Presses button on scrambling device.]
-
- [DeWitt:] They're scrambling their telephone call, just like spies do.
-
- [Device displays: "Secure dEOS"]
-
- [Mr. McGovern:] Would you please give the first two numbers, and I will
- give you the second two.
-
- [Ms. Bishop:] Okay, the first two numbers are "dee," "ee."
-
- [Mr. McGovern:] Fine, we're secure now. [Fails to provide second two
- numbers -- oh, bitter irony.] And now I'd like to discuss some company
- information with you.
-
- [SKIT ENDS.]
-
- [Unnamed cryptographer:] Okay, I can choose this option, to do both
- "signature" and "encryption."
-
- [DeWitt:] Cryptography is the science of making and breaking codes; of
- turning plaintext into coded text, or cipher.....
-
- [Cryptographer:] Okay, this is our old 1040 form.
-
- [DeWitt:] .....like taking this 1040 tax form and turning it into
- unreadable ciphertext.
-
- [Cryptographer:] This is your actual encrypted text of the 1040 form.
-
- [Titling: "Marc Rotenberg, Computer Privacy Advocate." The letters "cps"
- are visible on a mug in the background.]
-
- [Marc Rotenberg:] Cryptography is the way you make communication networks
- secure. It's the way you protect privacy, it's the way you make it
- possible for banks to send financial information, for businesses to send
- trade secrets, for individuals to send personal records, medical records,
- financial data. All of this happens because cryptography is the basic
- technology of privacy.
-
- [Titling: "Philip Elmer-DeWitt, Time Magazine."]
-
- [DeWitt:] All modern encryption systems are variations on the secret code
- school children use to jumble words. The simplest kind of code is a
- straight-forward letter-for-letter substitution. For example, where A
- stands for D, B stands for E, C stands for F, and so forth, down the
- alphabet. These simple codes have evolved into mathematical formulas of
- such extraordinary complexity that they're virtually unbreakable.
-
- In the past few years, a new generation of very powerful encryption tools
- has entered the marketplace. They are easy to use, and easy to get, by
- just about anybody; and they are a matter of concern to law enforcement and
- national security experts who rely on information gathered from wiretaps to
- do their jobs. Geoffrey Greiveldinger is Special Counsel to the Justice
- Department.
-
- [Titling: "Geoffrey Greiveldinger, Department of Justice."]
-
- [Greiveldinger:] There has become available, and there has certainly become
- available in larger numbers and greater variety, very effective, very
- user-friendly, very high voice-quality encryption; and suddenly the
- prospect of encryption being used regularly in the private sector is one
- that law enforcement recognizes it's going to have to grapple with. That
- really is what brought us up short.
-
- [DeWitt:] Lynn McNulty is with the National Institute of Standards and
- Technology.
-
- [Titling: "Lynn McNulty, National Institute of Standards & Technology."]
-
- [McNulty:] Encryption is a double-edged sword. It can be used to protect
- law-abiding citizens, and it can also be used to shield criminal
- activities, and also activities that could affect the security of this
- country.
-
- [DeWitt:] Secret codes and national security are the bailiwick of the NSA,
- the top-secret branch of government that sucks up international
- communications traffic like a giant vacuum cleaner in the sky, using the
- most powerful encryption technology available to tease out its secrets.
-
- Cryptographers used to use mechanical devices, like this World War II-era
- Enigma machine, to make and break secret codes. Now they use
- supercomputers, like this Cray XMP[?]. A cipher from one of these machines
- [indicating Enigma] could be broken in a matter of minutes. Supercomputers
- can design secret codes so complex, that it would take another
- supercomputer centuries to crack it; and that's a problem for the National
- Security Agency, which gathers foreign intelligence for the U.S., and runs
- this cryptological museum in Ft. Mead, Maryland. The NSA has never met a
- secret code it couldn't crack, and it wants to keep it that way.
-
- So the NSA developed a new code, called Skipjack, and put it in this
- silicon chip, smaller than a fingernail. This is the Clipper Chip, the
- focus of a fierce technological policy debate among privacy advocates, law
- enforcement, and the business community. The Clipper Chip combines a
- powerful encryption scheme with a back door, a master key that unlocks the
- code, and lets authorized law enforcement agents intercept, and understand,
- coded messages. The NSA wants the National Institute of Standards and
- Technology, and all other government agencies, to use Clipper, and only
- Clipper, when they want to make sure that their phone calls, faxes, and
- electronic mail can't be intercepted. To encourage its use in business,
- the U.S. guarantees that the Clipper code is uncrackable, and that the
- master keys that can unlock it are safely stored away.
-
- In a plan devised by the NSA and approved by the White House, that master
- key will be split into two pieces -- one held in safe keeping at the
- Commerce Department, the other at Treasury. Law enforcement agencies will
- need a court order before they can get access to the keys. Unauthorized
- use of Clipper keys will be a felony, punishable by up to five years in
- jail.
-
- [McNulty:] There will be no vulnerability there that can be exploited by,
- say, a rogue law-enforcement agency or by a hostile outsider to compromise
- the keys that will allow authorized people to unlock the key-escrow
- encryption cryptography.
-
- [DeWitt:] But privacy advocates aren't so sure, like Marc Rotenberg of
- Computer Scientists for Social Responsibility [DeWitt's error]. They see
- Clipper as an attempt by the NSA to block people from using cryptography to
- keep their affairs to themselves. They're asking people to register their
- objections by computer.
-
- [Rotenberg:] Here we have, on the screen, a letter to the President; and we
- asked them to simply send a message with the words, "I oppose Clipper."
-
- [Titling: "Marc Rotenberg, Computer Privacy Advocate."]
-
- [Rotenberg:] Basically, it's a proposal for surveillance. It's a way to
- make it easier to wiretap the network -- and the reason it's such a bad
- idea is what we need right now is privacy protection. We need more secure
- networks, not more vulnerable networks.
-
- [DeWitt:] On these networks, people are logging on to argue the pros and
- cons of the Clipper proposal. David Banisar, one of Rotenberg's
- colleagues, has been tracking that debate.
-
- [Titling: "David Banisar, Computer Privacy Advocate."]
-
- [Banisar:] On the Internet, which is the international network of
- computers, there's been an incredible amount of discussion. There's been
- thousands of messages posted, hundreds per day. It goes on almost forever.
- The public is going to reject this, because basically, we want a national
- information infrastructure, where people can communicate, and we don't want
- a national surveillance infrastructure, where the main purpose is for the
- government to be able to control and watch over what we're doing all the
- time.
-
- [DeWitt:] It may sound like Spies versus Nerds, but at the heart of the
- Clipper debate is a fundamental question of Constitutional rights. One
- side thinks that people have a basic right to use the most powerful
- encryption tools they can get their hands on, to keep their affairs
- private. The other thinks that that right must be superseded by the
- legitimate needs of law enforcement. There are cryptographers on both
- sides of the debate.
-
- [Titling: "Dorothy Denning, Georgetown University."]
-
- [Denning:] I think it would be folly to let the capability to do electronic
- surveillance be completely overridden by technology, so that we couldn't do
- that. I think it's a much safer bet to put it into the system so that we
- can do it, and make sure that we have good procedural checks and laws and
- so on, to govern the use of that so it's checked, and if it's misused, make
- sure that's properly dealt with.
-
- [Titling: "Whitfield Diffie, Sun Microsystems."]
-
- [Diffie:] If you say to people that they, as a matter of fact, can't
- protect their conversations, in particular their political conversations, I
- think you take a long step toward making a transition from a free society
- to a totalitarian society.
-
- [DeWitt:] Meanwhile, the Clipper Chip is moving full speed ahead. A
- company called Mykotronix [?] is making the chips, and AT&T is selling a
- variety of telephones with the chips built in; including this device, which
- it is producing for the government to protect the privacy of the phone
- calls within the Justice Department. But it's not at all clear that the
- devices will find a market outside the government.
-
- Some of Clipper's most vocal opponents are the very computer and
- telecommunications firms the government hopes will adopt it. Their gripe
- centers on the U.S. export laws that make it illegal to sell encryption
- systems abroad. To encourage U.S. companies to use the government's
- system, the administration has lifted those export controls for Clipper --
- but only for Clipper.
-
- [Titling: "Jerry Berman, Electronic Frontier Foundation."]
-
- [Berman:] You're going to thwart our foreign markets because no foreign
- country, and no foreign person, is going to use a device that's made by
- NSA, and where the keys are held by a U.S. government agency.
-
- [DeWitt:] As the lines are strung to carry the traffic of the emerging
- information highway, the greatest fear of privacy advocates is that Clipper
- may be only the first step down a path that leads to more and more
- government snooping. They point to a new bill the administration is
- circulating on Capitol Hill, the so-called Digital Telephony bill, that
- would require phone and cable companies to provide the government with
- system-wide access to even more information.
-
- [Titling: "Marc Rotenberg, Computer Privacy Advocate."]
-
- [Rotenberg:] It is absolutely clear, if you look over the last three to
- four years of the FBI's proposals, and the proposals from the National
- Security Agency, that there is a plan, in steps, to restrict the use of
- cryptography in the United States. There's a plan to ensure that
- communication networks are designed to facilitate wire surveillance; and
- there is every reason to believe, after Clipper goes forward, after the
- Digital Telephony proposal goes forward, that the next step will be to
- restrict non-compliant cryptography.
-
- [DeWitt:] In real life (or "RL," as computer buffs call it) it's often not
- clear where to draw the line between the rights of the individual and the
- needs of society. It's no different in cyberspace, that world of
- interconnected computers, where where messages fly back and forth on video
- screens. Experts say that the new information superhighway will have to
- have some rules of the road. The hard part is deciding where, and how, to
- draw them.
-
- [END]
-