Cryptographic Export Issues

Cryptographic Export Issues

Introduction about Cryptography Export

Cryptography is part of science that deciphers and analyses ciphers, codes and cryptograms. This is more about converting codes to a language considered ordinary and readable. Cryptographic exports involve the transfer of cryptography technology to other countries from the United States. Surveys indicated that since the World War II, the US has regulated export of cryptography. It is not only the US that regulates the export of cryptography, nations allied to the North Atlantic Treaty Organization (NATO) has set the same regulations for security reasons. Cryptography in the US has been considered as an Auxiliary Military Technology according to the 1992 United States Munitions List thus necessitating the regulation of its export.

Issues on Cryptographic Export

Cryptography in the traditional setup has been connected to military intelligence, many governments including United States has a believe that cryptography has a capability of making it hard to gather information related to terrorists and criminal activities, a model that could contribute to difficulty in enforcing law and order. United States restrict use of cryptography as matter of national interest. Legal issues involving cryptography are attached to export control issues, import control issues and on patent related issues.

Department of Commerce’s Bureau of Industry and Security

Department of Commerce’s Bureau of Industry and Security has the mandate of controlling exports of cryptography that is non military. The body was given the powers in 2009 (Ferguson et al., 2010). Restrictions exist in the use of cryptography in the mass market particularly focusing on states that harbor terrorist groups. An export license must be obtained for custom cryptographic software, TEMPEST approved electronics, cryptographic consulting services and for militarized encryption equipments (Ferguson et al., 2010).

Other regulations exist for mass market encryption software, commodities and components with sixty four bits encryption that must be registered with the Department of Commerce’s Bureau of Industry and Security (Gaines, 2009). Security agents in the United States also facilitate reviews of products and services prior to the exportation. Nations taking part in the Wassenaar Arrangements have similar restrictions, which are complex (Gaines, 2009). However, export regulations on cryptography in many nations are weak as compared to the standards preset in 1996 (Gaines, 2009).

(EAR) Export Administration Regulations

The US non military exports of cryptography are regulated under the (EAR) Export Administration Regulations, which is a short form of the CFR (United States Code of Federal Regulations), which is in the constitution under title fifteen, chapter seven and in sub-chapter C. The Department of State on the United States Munitions List controls all cryptography adapted, configured, designed, modified, and developed for control, command and intelligence applications in the US military (Schneier, 2006).

World War II and Cold War

World War II used cryptanalysis in the transfer of critical military information. Regulations on cryptography focus on denying other nations the technology to decrypt the information; this is part of the strategy to manage threats emanating from potential and current enemies. Such management of information to available to the enemies is influential in defining the value of a military (Gaines, 2009). Cryptography was used by the US among other developed nations in monitoring communications in diplomatic relations particularly with the emerging nations during the post-colonial period. Military information was considered critical in transferring information with issues relating to the cold war.

During the cold war, the United Kingdom and the US had advanced and complex cryptography capabilities compared to other nations. At the time, it was argued that controlling cryptography by the intelligence agencies was critical in the communication processes to prevent third parties from reading the information transmitted since cryptography offered advanced encrypting techniques (Ferguson et al., 2010). The first amendment to the laws made it very difficult for the citizens to engage with the new technology. Cryptography was mainly used by the government in military and development programs where other people could not access critical information. Control of cryptography was not under the influence of the US constitution at that time.

Laws and Regulations on Cryptography in the U.S.

Regulations on cryptography were put in place to strengthen munitions controls. Individuals and organizations exporting cryptography must have licenses and a description on how cryptography will be used. Regulations on cryptography later made it illegal to export technology and devices that related to cryptography (Gaines, 2009). Export of cryptography is allowed on a case by case basis where individuals and organizations exporting cryptography must define the desired application of the technology.

The US government believed that setting cryptography free would result to individuals and organizations accessing government communications, which would not be in the best interests of the nation. Asymmetric key and DES (Data Encryption Standard) techniques faced changes with the advent of the internet (Schneier, 2006). The invention of the internet is believed to have roots in the 1960s and 1970s when cryptography was engaged. The policy on cryptography took a new turn in the 1990s where the government relaxed controls on the use of cryptography not related to military applications. Such relaxation of controls was also observed in other parts of the developing nations.

National Security Agency (NSA) in the United States in the late 1990s expressed concerns with the use of cryptography in the public limelight. It was argued that Signals Intelligence (SIGINT) would be compromised (Katz & Lindell, 2007). SIGINT focuses on gathering information from people and organizations from the traffic analysis, which is part of the intelligence cycle management. NSA believed that public cryptography would facilitate terrorist groups and foreign groups to gather critical information about the United States.

Additional case for regulation of cryptography has been advanced on the aspect of standardization of communication across the world which may lead to ease assess of security information. The US has invested heavily on the American cryptography software and publicizing the software would result to a standard model of communication in many governments around the world (Paar, 2011). The government felt that publicizing the American cryptography could thus jeopardize its national interests (Ferguson et al., 2010).

Encryption in the 21^st century

Encryption in the modern era has been publicized. The twenty first century is characterized by diverse sources of information resulting from the computer technology and telecommunications among other sources. Information may have extraordinary meaning and value depending on context. Robust encryption in the modern era is critical in safeguarding data. Law enforcement stakeholders have indicated that application of encryption in safeguarding data is not disputed particularly in the context of threats posed by unauthorized access to information in the twenty first century (Katz & Lindell, 2007). Professionals in the information security argue that encryption is necessary in stored data and also in contemporaneous communications (Katz & Lindell, 2007).

In cases where encryption is not used, chances are that third parties may access the data, which could have negative effects to national security and public safety. Law enforcement officers over the decades have argued that widespread application of the robust non key recovery encryption in a number of way compromises the fight against terrorism and crime (Ferguson et al., 2010). It is argued that unreachable encryption is used by the terrorist groups, drug dealers, spies and gangs in facilitating impunity through one to one communication with other groups with similar intentions. It is argued that the deteriorating safety concerns in the US may be as a result of public encryption, where groups with ill intentions have managed to develop platforms of communications that escape the law enforcers monitoring.

Conclusion

Encryption presents challenges and opportunities to the US depending on how the technology is used. The law enforcement community in the US is working to develop a more reliable communication channel as a way of curbing the rising crimes in the region.  Cryptographic is considered critical on issues pertaining to the security of the US. It can be used to ensure safe communication of government information. However, public encryption may be used by criminals to facilitate their activities. Users of cryptography are encouraged to make sure that the product has complied with the regulations in the United States, for security reasons and also for legal compliance. In cases of doubts, individuals and organizations are encouraged to consult legal counsel to acquire proper guidance on the best cryptography, which binds with the laws and regulations in the land. Laws on cryptography are very complex and keep on changing with jurisdictions.

References

Ferguson, N. et al. (2010). Cryptography Engineering: Design Principles and Practical Applications. Hoboken, NJ: Wiley.

Gaines, H. F. (2009). Cryptanalysis: A Study of Ciphers and Their Solution. Mineola, New York: Dover Publications.

Katz, J. & Lindell, Y. (2007). Introduction to Modern Cryptography: Principles and Protocols. London: Chapman and Hall/CRC.

Paar, C. (2011). Understanding Cryptography. Berlin, Heidelberg: Springer.

Schneier, B. (2006). Applied Cryptography: Protocols, Algorithms, and Source Code in C . Hoboken, NJ: Wiley.

 

 

 

 

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