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Joe Biden tried to ban email encryption back in 1991

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Re: Joe Biden tried to ban email encryption back in 1991

#3

As I recall, the 1991 version of me thought a lot of things that the 2012 version of me doesn't. I presume this is true for most humans, including Vice President Biden.

What's interesting was that it was a last minute addition to an omnibus crime bill.

The same thing is still happening today where amendments attacking internet freedom get tagged onto existing bills under the guise of targeting "terrorists, drug dealers, pedophiles, and organized crime" aka "The Four Horsemen of the Infocalypse".

http://en.wikipedia.org/wiki/Four_Horsemen_of_the_Infocalyps...

Re: Joe Biden tried to ban email encryption back in 1991

#6
This is the kind of thing one can expect when their leaders are so far removed from the people that they govern. Joe Biden has been in office since 1973. I'd wager that's longer than many of the HN readers have even been alive. When you have politicians who have been running around in the Washington circles that long, some really bad things will come of it.

So, at the time he proposed that, he had been in Washington for nearly 20 years. Shouldn't surprise anyone that he was pushing an agenda for a larger, more powerful federal government.

Re: Joe Biden tried to ban email encryption back in 1991

#7
The whole US government tried to ban encryption wholesale in the 1990s; they even attempted to standardize a bespoke algorithm (Skipjack) that provided key escrow for law enforcement. During the same period, they religiously enforced export controls that classified any encryption code, including simple hash functions, as munitions. I remember buying a "this t-shirt is a munition" shirt in '95 by giving a website the numbers off the bottom of a check(!).

The government lost (although export controls still create annoyances today). Nobody in government seriously thinks industry is ever going to adopt a government-controlled encryption algorithm. Also, this isn't part of some secret history of the Internet; the entire cipherpunk movement was a reaction to the attempt to ban crypto.

If you want to keep perspective, it's important to remember that the world of 1993 looked very different from that of 2012. Very few people believed that every teenager in America would be using the Internet as their first line of communication, or that the Internet would steadily consume retail, finance, media, and even industrial controls. Commercial cryptography itself was merely nascent; "cryptography 2.0", a trend of the late 90s, introduced authenticated cryptography to the mainstream (prior to that people just encrypted and added checksums) --- look at SSHv1 and PGP for representative designs. Nobody understood anything in 1993.

Also:

Sense of Congress resolutions don't create law. They're literally just statements of opinion. So the idea that this amendment would have "outlawed SSH" is directly mistaken.

And, the targeting of cryptography in this language is incidental. It was not only the "sense of Congress" but actual law that telco providers create facilities to enable (warranted) wiretaps --- that's CALEA, which passed in 1994. Biden's sense-of-Congress resolution is essentially just a capsule summary of CALEA made to sound slightly smarter with the word "plaintext".

Re: Joe Biden tried to ban email encryption back in 1991

#8
post #4

I wonder if Biden is whispering similar ideas into Obama's ears, and if it's why Obama is so keen on trampling on the 4th amendment these days.

This statement is profoundly ignorant on many levels, including the relationship between Obama and Biden, Biden's relationship to '90s crypto regulation, and Obama's take on the 4th amendment.

Let's try to catalog the misconceptions here:

* Biden is not a key Obama influencer. The VP rarely is, but this one in particular.

* Obama's tensions with the 4th Amendment stem from counterterrorism and a desire to continue joint NSA/FBI programmatic surveillance systems that they believe are catching terrorists. At the time Biden proposed this language, we were still subsidizing those same terrorists.

* Biden was not the point person for '90s anti-crypto legislation.

* Biden was a cosponsor of CALEA, which actually explicitly exempts providers from decrypting encrypted content.

Re: Joe Biden tried to ban email encryption back in 1991

#10
post #6

This is the kind of thing one can expect when their leaders are so far removed from the people that they govern. Joe Biden has been in office since 1973. I'd wager that's longer than many of the HN readers have even been alive. When you have politicians who have been running around in the Washington circles that long, some really bad things will come of it. So, at the time he proposed that, he had been in Washington…

This statement would make sense if you could provide examples of (at the time) younger Senators who actively opposed crypto regulation so we could compare their track records as well.
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