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List:       best-of-security
Subject:    Orlowski.html
From:       Julian Assange <proff () suburbia ! net>
Date:       1995-08-13 4:01:43
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   ENCRYPTION AND THE GLOBAL INFORMATION INFRASTRUCTURE
   AN AUSTRALIAN PERSPECTIVE
   
   Steve Orlowski
   Assistant Director
   Security Management
   Australian Attorney-General's Department
   
   The views in this paper are those of the author and do not necessarily
   represent the views of the Australian Government
   
   Copyright the Commonwealth Government of Australia, 1995
   Presented at the Cryptography Policy and Algorithms Conference,
   Queensland University of Technology, Brisbane, Australia, July 1995
   Appearing shortly in an Elsevier volume
   
   In December 1993 the Australian Government established a Broadband
   Services Expert Group to examine the technical, economic and
   commercial preconditions for the widespread delivery of broadband
   services to homes, businesses and schools in Australia. In rleasing
   the Group's Final Report Networking Australia's Future the Prime
   Minister said being linked to the national information infrastructure
   is a fundamental right for all Australians.
   
   As the Final Report put it:
   
     "In the next decade, large-scale communications investments in
     Australia will pave the way for many business, government,
     information and entertainment services. These services could change
     forever the way business and government operate and how we
     commuicate with our colleagues, families and friends. Over time,
     even the significance of international borders and the design of
     towns and cities will change."
     
   Similarly, the OECD in its 1992 Guidelines for the Security of
   Information Systems said:
   
     "Recent years have witnessed ... growth of computer use to the point
     that, in many countries, every individual is an actual or potential
     user of computer and communication networks."
     
   Encryption was for centuries the domain of government, primarily to
   protect military and diplomatic communications. In the past few
   decades private enterprise has become an increasingly larger user of
   cryptography to protect its commercial activities. W have now arrived
   at the point where individuals are going to become major users of
   cryptography to protect personal information and finances, and their
   privacy in general, as they become participants in information
   infrastructures. Over the past twelve months, the OECD has embarked on
   a round of meetings on Global Information Infrastructures. The
   outcomes of this round are to be provided in a report to the G7 on job
   creation and the information society. Security privacy and the
   prtection of intellectual property are some of the issues being
   addressed as part of this round. Indeed the final meeting will
   specifically address these issues. In outlining an agenda for this
   meeting the OECD saw encryption as a pivotal issue in the secrity of
   information systems.
   
   The OECD will also be holding a meeting on National Cryptography
   Policies later this year.
   
   The interest in the Global Information Infrastructure relates not only
   to the direct impact of the infrastructures on national economies, but
   also on the economic impact of investment failures if the
   infrastructure is misused or not used to its expected cpacity. User
   confidence is seen as a key factor in infrastructures reaching their
   full potential. It is from this position that the OECD is examining
   issues of security, privacy and the protection of intellectual
   property.
   
   Turning again to the OECD Guidelines, they stated when addressing the
   question of building confidence:
   
     "Users must have confidence that information systems will operate as
     intended without unanticipated failures or problems. Otherwise, the
     systems and their underlying technologies may not be exploited to
     the extent possible and further growth and innovatin may be
     inhibited."
     
   Obviously if encryption is a pivotal issue in information systems
   security, confidence in encryption techniques and technology is
   pivotal to confidence in information infrastructures and therefore to
   the economic viability of such infrastructures. At the meeting in
   Paris last November most of the session on security was taken up with
   encryption. It was interesting, however, that very little of it was
   related to security of government or commercial information on
   systems. The main focus was on verfiable but untraceable transactions
   on information infrastructures. This highlighted the progression of
   cryptography towards individual's requirements and their desire for
   their transactions to be secure but anonymous.
   
   The issue of privacy of an individual's activities in information
   infrastructures is beginning to receive similar attention in
   Australia. Individuals are concerned that their activities can be
   monitored to develop personal profiles such as buying habits. These
   profiles could then be exploited by organisations such as direct
   marketing bodies.
   
   The Minister for Justice in a speech to the Australian Share/Guide
   Conference in March this year identified two areas of concern:
     * People want to be assured that information on how they use the
       network is protected. Usage patterns are of particular interest
       and value to various groups, for example, direct marketers.
     * People also need to be assured that the content of their
       information is protected both on networked systems and flowing
       across the network.
       
   Both these concerns can be overcome through the use of cryptography.
   The first through verifiable but untraceable transactions and the
   latter through more established message encryption techniques.
   
   The question of verifiable but untraceable transactions has attracted
   the concern of law enforcement agencies given the potential for the
   proceeds of crime to be transferred in this way. In Australia the
   Financial Transactions Reports Act 1988 requires tansactions above
   specified limits to be reported. This approach could possibly be
   extended to put limits on computer cash transactions which can be
   carried out anonymously. This would allow individuals protection of
   their privacy on the small transactios which would make up the bulk of
   their activity but place some obstacles in the way of those who wish
   to move large volumes of money illicitly. Technology which limits the
   amount of anonymous cash which can be sent, received or stored per
   terminal or smrt card per day may be able to be developed to overcome
   the law enforcement concerns.
   
   While such an approach might reduce the problem of cash transactions
   for illicit purposes, the more vexing problem is that of criminal
   activities being planned or transacted by telephone or over networks,
   particularly where encryption is involved. In othr words the "key
   escrow" debate.
   
   In Australia telecommunications interception (TI), both voice and
   data, is carried out under the provisions of the Telecommunications
   (Interception) Act 1979. In 1993 the Australian Government initiated a
   Review of the Long Term Cost Effectiveness of Telcommunications. The
   Report stated:
   
     "The evidence suggests that TI is very effective as part of an
     integrated framework of surveillance by both law enforcement and
     security agencies".
     
   A significant finding of the report was:
   
     "Encryption by targets of their communications (both voice and data)
     is not considered by agencies as a problem for TI at present in
     Australia, but it is a growing problem in the US and Europe and a
     potentially significant problem in Australia. It will eed to be
     monitored, particularly with increased availability of cheap voice
     encryption devices. The issues extend well beyond the scope of the
     Review."
     
   The report also commented that:
   
     "...Australians have available in the GSM digital mobile services an
     effective means of encrypting their communications for legitimate
     privacy and commercial security purposes...".
     
   As a result of the Report, Australia is, among other TI issues,
   monitoring the impact of encryption in the telecommunications
   interception area and will re-examine matters in 1997 following the
   opening of the telecommunications area to full competition.
   
   The average Australian mobile phone user appears to be satisfied with
   the security offered by the GSM digital mobile services and to date I
   have not seen a report of instances of communications on that network
   having been found to be insecure. Individual and small businesses seem
   to be the major users of the networks and their requirements for
   security are relatively low. On that basis there would appear to be a
   relatively small market for voice encryption devices on mobile phone
   services. Similarly Autralians have, by and large, been comfortable
   with the standard telephone service and again there has been
   comparatively little market for voice encryption products, although
   they have been readily available.
   
   Of course there have been instances of criminals using encryption
   devices on the existing standard and mobile services, and this will
   continue.
   
   However, most persons involved in this field agree that even if key
   escrow were introduced, this could be circmvented by determined
   criminals.
   
   Furthermore we are rapidly moving towards the integration of voice and
   data services. By the turn of the century, the majority of voice
   communications is likely to be over data lines. Encryption of both
   voice and data is therefore likely to be handled b the same products.
   
   
   
   Stephen Walker, in his paper 'Software Key Escrow A Better Solution
   for Law
   
   Enforcement Needs?' stated:
   
     "Since law enforcement's requirements for key escrow appear largely
     focused, for now at least, on telephone communications, it will
     probably remain necessary for the government to escrow keys of
     telephone security devices".
     
   (It has been observed that due t the high cost of telephone security
   devices with or without Clipper, there may never be a significant
   market for such devices and therefore little reason for an extensive
   telephone-only based key escrow capability.)
   
   I would therefore argue that the value of key escrow for purely voice
   encryption would be marginal in the Australian context and probably
   internationally in the long term. In saying this I am not advocating
   the abandonment of the conventional field of teecommunications
   interception, rather I am arguing that resources might be better
   applied to addressing the longer term problem of the emerging field of
   interception of telecommunications in the form of data.
   
   That then leaves us with the question of encrypted data
   communications.
   
   Law enforcement concerns have focussed on two aspects; financial
   transactions associated with criminal activity such as payments for
   drug deals, and messages such as setting up a dru deal or planning a
   terrorist attack. These are realistic scenarios which confront law
   enforcement authorities.
   
   Obviously the community expects that law enforcement authorities will
   take steps to prevent information infrastructures being used for these
   purposes.
   
   Equally users of the infrastructures for legitimate purposes expect
   that their right to privacy will berespected. The hapless task for
   governments is to find an acceptable balance between the two.
   
   Firstly I would like to address the question of financial
   transactions.
   
   Earlier I proposed a restriction on anonymous cash transactions which
   would make it difficult to move large sums of money in this manner.
   Larger transactions would then have to be mved through traceable
   transactions.
   
   This would mean that records of the transactions and the parties
   involved would exist in much the same way as they do for financial
   transactions at present. If the anonymous transaction limit was the
   same as the cash transactions reporting limit, this would mean that,
   in Australia or for transactions entering or leaving Australia, the
   transaction would be reported to the AUSTRAC, the agency which
   collects and analyses data on cash transactions. Moreover, law
   enforcemet agencies could approach the courts to obtain access to an
   organisation or individual's records of such transactions.
   
   This leaves the question of messages which may contain evidence of
   criminal activities. While in some cases, copies of such messages may
   be recoverable from one of the party's equipment, any serious criminal
   using these methods would know how to modify o delete all traces of
   the message.
   
   Therefore court orders granting access to the equipment and data held
   on it would not necessarily provide the evidence sought. This problem
   would exist whether or not the transmission or the storage media were
   encrypte.
   
   Before advancing this argument further I would like to make the
   observation, which I will be expanding on later, that debate to date
   has focussed on higher level encryption. I feel that the needs of the
   majority of users of the infrastructure for privacyand smaller
   financial transactions, can be met by lower level encryption which
   could withstand a general but not sophisticated attack against it. Law
   enforcement agencies could develop the capability to mount such
   sophisticated attacks.
   
   Criminals who puchased the higher level encryption products would
   immediately attract attention to themselves.
   
   Given that a large proportion of the population would not be using the
   higher level encryption products, application of key escrow for such
   products is less likely to create the type of adverse reaction seen to
   date. Government agencies and large financil institutions are more
   likely to accept the need for key escrow in the type of products which
   they use.
   
   The Review of the Long Term Cost Effectiveness of Telecommunications
   Interception referred to earlier quoted the following points made by
   the Australian Federal Police:
     * much valuable TI evidence and intelligence comes from targets
       talking to people who are not part of a criminal activity and who
       would not use encryption (arranging hotel, shipping or airline
       bookings is one obvious example);
     * call data will not be encrypted and will contain much valuable
       information about who is involved in an investigation
       
   The Review did, however, include the following in its findings:
     * Telecommunications interception is of crucial importance to law
       enforcement; and
     * On present indications, it would not be true to say that
       developments in technology may render telecommunications
       uninterceptible.
       
   Given that there is a requirement for telecommunications interception,
   the question is how is this achieved in the face of changing
   technology. The answer is to use the new technology to the advantage
   of law enforcement agencies.
   
   As mentioned earlier, I see encryption being utilised on two levels, a
   general level being used by the majority of users and a more
   sophisticated level with much more limited use. Intercepted messages
   under the first level may be able to be decrypted by he various
   interception authorities.
   
   The second level would probably, however, require more sophisticated
   techniques in circumstances where the key cannot, for whatever reason,
   be recovered from escrow. This may be achieved by the establishment of
   a cenral decrypting unit which would receive, decrypt and transmit
   back messages.
   
   Given the standard of equipment and expertise which would be developed
   at such a centralised unit, it may be more cost effective for that
   unit to handle all decryption of intercepted messages for all law
   enforcement agencies within the country. Modern comunications
   technology would facilitate the secure and rapid transmission of
   messages between the intercepting authority and the central unit.
   Indeed the "Clipper" proposal, and suggested variations of it, relied
   on a similar concept for the transmissionof escrowed keys to the
   intercepting authority. this takes the process one step further. It
   also builds in an additional safeguard to the interception process as
   the central unit would need to be satisfied of the validity of the
   interception before it dcrypted the messages.
   
   The same concept would apply for the higher level encryption systems
   where the keys would be escrowed. In this case the central unit would
   obtain the keys from the escrow agent or data recovery centre.
   
   Regarding the question of data recovery centres, I am attracted by
   proposals put forward by Stephen Walker in the paper I referred to
   earlier, which suggested commercial data recovery centres. Even the
   term data recovery centre is a positive one of a serice rather than
   the negative image which now surrounds the term key escrow. The
   concept I have just outlined could operate for either government
   escrow agents or commercial data recovery centres.
   
   The suggestion I have outlined is a rather simplistic version. In
   practice there would be a number of legal problems to be overcome,
   especially in a federal structure with a division of law enforcement
   powers.
   
   In the case of key escrow for corporations, there may already be an
   implied requirement in corporate affairs legislation which requires
   records to be held for a statutory period. If the records were
   encrypted, then the key would need to be available to dcrypt them.
   This could be used as the basis for a formal key escrow requirement.
   
   I put this forward as a starting point for discussion of the concept
   of differential key escrow.
   
   As mentioned earlier the concept of restricting key escrow to higher
   level encryption systems would reduce general user concerns about
   using the GII and provide the confidence which the OECD considered was
   essential to the economic viability of the infrasructures.
   
   Another area where confidence has to be established is that of content
   providers. Confidence that provider will receive payment for their
   intellectual property will be key to the range of material being
   available on the infrastructure. As the Minister fr Justice put it in
   the speech I referred to earlier:
   
   An important aspect of the network will be the quality of the
   information available on it. the question of intellectual property
   rights is crucial to the success of the infrastructure.
   
   The Government is pursuing the question of intellectual property
   rights in various international fora. However those rights have to be
   protected once they have been defined. Encryption will be the key to
   protecting information to which intellectual proprty rights attach and
   to ensuring users pay for what they access. This will involve the more
   traditional field of data protection as well as access control, user
   authentication and electronic cash applications.
   
   The Australian Government implements controls on the export of defence
   and related goods through the Customs Act 1901 and the Customs
   (Prohibited Exports) Regulations. In March 1994 the Government issued
   Australian Controls on the Export of Defence andrelated Goods -
   Guidelines for Exporters. The Guidelines state in part:
   
     "The Government encourages the export of Australian made defence and
     related goods where such exports are consistent with Australia's
     interests including international, strategic, foreign policy and
     human rights obligations".
     
   The controls do allow exporters to apply for permits or licences to
   export goods.
   
   The controls specifically mention products related to cryptography as
   follows:
    1. complete or partially complete cryptographic equipment designed to
       ensure the secrecy of communications (including data
       communications and communications through the medium of
       telegraphy, video, telephony and facsimile) or stored information;
    2. software controlling, or computers performing the function of,
       cryptographic equipment referred to in paragraph (a);
    3. parts designed for goods referred to in paragraphs (a) or (b);
    4. applications software for cryptographic or cryptanalytic purposes
       including software used for the design and analysis of
       cryptologics.
       
   In November 1994 the Government also issued Australian Controls on the
   Export of Technology With Civil and Military Applications - A Guide
   for Exporters and Importers defines in more detail equipment,
   assemblies and components to which the controls apply.
   
   The Strategic Trade Policy and Operations Section, Department of
   Defence makes recommendations on export applications.
   
   The Government is committed to its policy of encouraging the export of
   goods where this is not in conflict with the national interest or
   obligations. To this end it is prepared to cooperate with
   manufacturers, wherever possible, to advise on products whih might be
   eligible for export. This is particularly relevant for the type of
   products which would satisfy the requirements of general users of
   information infrastructures and thus enhance the development and use
   of such networks.
   
   Digital signature techniques and public key authentication will play
   an increasingly significant role as networks expand and the number of
   users and range of services offered increase.
   
   This is a further area where confidence needs to be engendered to
   ensure acceptance. There is a need for a mechanism to ensure that
   techniques are appropriate for the purpose for which they will be
   used. Similarly there is a need for a structure throughwhich keys can
   be obtained and digital signatures authenticated.
   
   Within Australia a Government Group has been developing a proposal for
   a Public Key Authentication Framework. The group's work has been
   primarily focused on the needs of electronic commerce. In an
   unpublished paper the group stated:
   
     "There needs to be a wide scale informed debate about this issue
     before any decisions are taken as to choice of technology, the
     appropriate administrative structure, privacy issues, legal effect,
     method of implementation and the like. After such a debate he
     system will need to be introduced in a planned way with appropriate
     public education, legislation and the like in order that the use of
     the PKAF system will have the same standing and validity in the
     eyes of the community as a paper based signature".
     
   The proposal calls for a management structure to verify various key
   generation systems, supervise the issue of key pairs and maintain a
   directory of the public keys.
   
   This proposal has been referred to the Standards Association of
   Australia which has established a task force to examine the
   establishment of an Australian Public Key Authentication Facility. The
   Task Force is required to report by the end of the year.
   
   Australia has also raised in the OECD the need to establish an
   international framework to ensure the effective use of public keys as
   a tool for both international electronic commerce and individual use
   of the global information infrastructure.
   
   While this proposal is driven, primarily, by commercial needs, there
   is scope for it to be extended to meet the needs of individuals who
   will also be using the information infrastructure. Any scheme such as
   this has to be better than the current process f passing credit card
   information over the network.
   
   The referral of the PKAF proposal to Standards Australia is in keeping
   with the Australian Government policy of minimal legislative
   intervention. When commenting on the implementation of the OECD
   Guidelines for the Security of Information Systems, in a seech I
   referred to earlier, the Minister for Justice outlined the
   Government's approach as follows:
   
     "In implementing the Guidelines, the Government has decided not to
     use a general legislative approach because of the problems in
     reaching agreement with State and Territory Governments on
     legislation where the Commonwealth has no blanket constitutional
     power. "Furthermore we recognise that legislation is slow to
     respond to technological advances, so broad definitions have been
     used in relevant legislation to allow the courts to consider
     current technology as cases come up".
     
   This policy extends to electronic commerce and the use of cryptography
   in general. Any legislation required to support the use of
   cryptography is likely to be written in broad terms rather than
   endorsing particular technology or algorithms. It would the be left to
   groups such as Standards Australia to specify the standards which at
   that particular point in time would meet the legislative requirement.
   
   By the turn of the century, the major users of the Global Information
   Infrastructure will be individuals conducting their day to day
   activities in electronic form. The main concerns of these users will
   be to authenticate their identity, to conduct their usiness with
   privacy and to have a reasonable level of security for the
   comparatively low level financial transactions they will be
   performing. To date the cryptography debate has focussed on the higher
   needs of government and business. There is a need or the debate to be
   extended to cover the needs of individual users.
   
   For the information superhighway to reach its full potential in terms
   of both economic viability and social change, cryptographic systems
   will need to be developed to meet the needs of individual users. These
   systems will need to be cheap, user friendly,and above all, have
   public confidence.
   
   For centuries the simple paper wrapper called an envelope has met the
   needs of the majority of users of the postal service. They come in
   many forms but most provide an indication of whether they have been
   tampered with.
   
   Also individuals have their own wy of opening envelopes no matter what
   type they are. This basic philosophy needs to be applied to encryption
   systems for individual users. in other words a simple system which is
   easy to seal and easy to open and which does not require a wide
   variety oftechniques for either.
   
   Individual users will not be attracted to use services if they each
   involve different techniques for sending or receiving information. To
   this end service providers may need to look at providing a number of
   alternative schemes for distributing material s that they meet the
   individual's requirements, rather than expecting the user to maintain
   a number of systems to meet the various providers requirements.
   
   Finally there is the question of public confidence. Users will not use
   cryptographic systems unless they have confidence in them. Firstly
   this confidence has to be established. Algorithms and the technology
   to implement them will need to be tested and he results made public.
   Once the tests have been completed, endorsement by standards bodies
   will build public confidence.
   
   There is also an ongoing requirement to continue to test systems to
   ensure they remain suitable for the purpose for which they are being
   used.
   
   However some caution needs to be exercised in this respect. The main
   users of encryption systems at this stageare reasonably well equipped
   to make a considered assessment of the risks involved in using
   particular systems.
   
   This will not be the case initially for most individual users.
   Messages flowing freely around the network that an algorithm has been
   broken, ven when details of the extent of technology to achieve the
   result are included, may cause a panic reaction and loss of confidence
   in the particular system. The resultant lack of confidence could have
   adverse effects on infrastructure usage. Debate on tese issues should
   be limited to the appropriate parties rather than widely promulgated
   on the network.
   
   In summary, what I have been saying today is that there is a need for
   the cryptography debate to be expanded to include the needs of the
   individual users who will make up the largest percentage of users of
   the global information infrastructure.
   
   
     _________________________________________________________________
   
   Navigation
   
   Go to the Department of Commerce's Home Page.
   
   Go to Roger's Home Page.
     _________________________________________________________________
   
    Last Amended: 4 August 1995
    Roger.Clarke@anu.edu.au
    Reader in Information Systems
    Department of Commerce
    Australian National University
    Canberra ACT 0200 AUSTRALIA
    Tel: +61 6 249 3666 or 3664
    Fax: +61 6 249 5005 or 0744

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