A number of governments and international organizations are studying cryptography policy, in general, and key recovery, in particular. This Archive includes summaries of, and links to, a number of important studies outside the United States.

Australia

The seminal study of cryptography policy in Australia is the so-called Walsh Report . Obtained by Electronic Frontier Australia under provisions of that country’s Freedom of Information Act, the Walsh Report acknowledges the needs of law enforcement and national security for real-time access to encrypted communications. Nevertheless, the authors find that "major legislative action is not advised at this time to safeguard national security and law enforcement interest in the face of the challenge presented by cryptography…."

Organization for Economic Cooperation and Development

The OECD has adopted Guidelines for Cryptography Policy that are intended to provide guidance to member countries in formulating their own policies and legislation relating to cryptography. The United States delegation strongly urged that the OECD endorse the principle of government access to private keys. Although early drafts included this principle, the final Guidelines do not.

United Kingdom

Shortly before an electoral landslide swept the Conservative Party out of power, the U.K. Department of Trade and Industry issued a Public Consultation Paper on Detailed Proposals for Legislation entitled "Licensing of Trusted Third Parties for the Provision of Encryption Services". This paper recommends that the Parliament enact legislation providing legal recognition to digital signatures issued by licensed certificate authorities, which also would provide law enforcement with access to keys necessary to decrypt data. We are not aware of any public statements by the Labor Party on this paper. However, a second-hand source recently reported the following classic bit of British understatement, attributed to an unnamed DTI official: "It would be presumptuous for a civil servant to recommend that a Labor Government adopt a policy developed by a Conservative Government which has been so unpopular."

Ireland

Ireland is fully committed to the development of a legal, regulatory and administrative framework which will facilitate the exploitation of electronic commerce. A clear statement of future public policy on the use of encryption technologies is a necessary pre-requisite in terms of providing clarity and confidence for business and domestic users. The Framework for Ireland's Policy on Cryptography and Electronic Signatures explains this policy.

If you have any information on cryptographic policies of other governments or international organizations, please forward them to: webmaster@t-b.com

Back to Top