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US Encryption Ban Would Only Send the Market Overseas (dailydot.com)

Patrick O'Neill writes: As U.S. legislatures posture toward legally mandating backdoored encryption, a new Harvard study suggests that a ban would push the market overseas because most encryption products come from over non-U.S. tech companies. "Cryptography is very much a worldwide academic discipline, as evidenced by the quantity and quality of research papers and academic conferences from countries other than the U.S.," the researchers wrote.

26 of 156 comments (clear)

  1. Why not overseas .... by pollarda · · Score: 4, Insightful

    We have pushed many of our industries overseas again and again with heavy government regulations. While OSHA, workers comp, EPA, etc. minimum wage, etc. laws and regulations may have some sense, we have to realize that these same laws also reduce employment and push industries overseas and make many of our overseas competitors more competitive. If we could create a 100% safe society through passing safety and employment laws we may have to satisfy ourselves with 100% unemployment as well.

    1. Re:Why not overseas .... by kilfarsnar · · Score: 5, Insightful

      We have pushed many of our industries overseas again and again with heavy government regulations. While OSHA, workers comp, EPA, etc. minimum wage, etc. laws and regulations may have some sense, we have to realize that these same laws also reduce employment and push industries overseas and make many of our overseas competitors more competitive. If we could create a 100% safe society through passing safety and employment laws we may have to satisfy ourselves with 100% unemployment as well.

      We could also have import tariffs and whatnot to offset the reduced cost of not caring about employee safety. But we're all about "free trade" nowadays, where companies are free to roam the globe looking for the cheapest, most desperate labor with the lowest cost of living. If laws can drive industry away, they can keep it around too.

      --
      "What the American public doesn't know is what makes them the American public." -Ray Zalinsky (Tommy Boy)
    2. Re:Why not overseas .... by evilRhino · · Score: 2

      While OSHA, workers comp, EPA, etc. minimum wage, etc. laws and regulations may have some sense, we have to realize that these same laws also reduce employment and push industries overseas and make many of our overseas competitors more competitive.

      This is predicated on the false premise that it is necessary to have an open market with countries that have lax labor practices. If you levy a 2000% tariff on countries that exploit slave labor American labor can become competitive again. The same can be said about countries that do not have any emission controls.

    3. Re:Why not overseas .... by Jahta · · Score: 5, Insightful

      We have pushed many of our industries overseas again and again with heavy government regulations. While OSHA, workers comp, EPA, etc. minimum wage, etc. laws and regulations may have some sense, we have to realize that these same laws also reduce employment and push industries overseas and make many of our overseas competitors more competitive. If we could create a 100% safe society through passing safety and employment laws we may have to satisfy ourselves with 100% unemployment as well.

      Well these days "more competitive" is a just synonym for "cheaper", which in turn means "higher shareholder value". Workers in Europe and North America have to deal with the cost of living in Europe and North America. It's not possible to live here on the typical salaries paid in places like India and China. So it was never an option for workers the 1st world to be cost competitive.

      As for the safety issues, companies moving manufacturing offshore to places where working conditions are appalling is simply immoral. Things like this and this which, quite rightly, would never be tolerated in the 1st world are just shrugged off when they happen in places like Bangladesh. People there are apparently just an expendable resource in the pursuit of corporate profits.

    4. Re:Why not overseas .... by ShanghaiBill · · Score: 2

      If laws can drive industry away, they can keep it around too.

      There is little evidence for that. The problem with tariffs is that other countries can also use them, and will do so to retaliate against our tariffs. So trade wars quickly degenerate into a race to the bottom, as populists in each country demand higher and higher barriers. Countries end up producing products where they have little competitive advantage. Do you think America would be richer if we produced more t-shirts and fewer aircraft and CPUs?

      If you look around the world today, the countries with the highest trade barriers tend to be impoverished. They also tend to be authoritarian. Governments that believe in economic repression tend to believe in political repression as well.

    5. Re:Why not overseas .... by RabidReindeer · · Score: 2

      Amazingly enough, something like 75% of the existence of the USA existed under tariffs. Was it impoverished and authoritarian back then? Did the government spy indiscriminately on every individual? Did people grow up with the expectations that their children would probably be less well off than they were?

    6. Re:Why not overseas .... by KGIII · · Score: 2

      You know, I've been pondering this a lot for quite a while now. Really, on the order of a year or so has been spent pondering this sort of thing. I've not really decided and I'm kind of the type of person who doesn't like to opine unless I've really given it some thought. That doesn't mean I'm always right, or anything. That just means I like to mull things over before shooting off my mouth.

      While I'm still, mostly, undecided - it's comments like this that leave me baffled. No, the US is not #1 in all the statistics. Yes, some of them are a bit skewed but, even if they weren't, the US still wouldn't be the best.

      I know it's good to strive to be the best but, really, I've read the stats, I've read the blogs, I've looked at the methodologies, I've looked at the sources, I've looked at the individual survey questions or compiled data, and all that. No, the US isn't the best in everything and I'd like it to be better but it's a strange assumption to make that not being #1 in everything means that it's not acceptable - or even good... Or even very good.

      We have our faults. We have our blemishes. We have our warts. Yes, yes there are many things I'd like to change. The reality is, for the most part, it's not that bad. I've stomped across the country, I've stomped across the globe, and I don't even go to the typical tourist areas. Mostly, I've discovered only one important thing. I've said it before and I'll repeat it again. People are people, pretty much wherever you go.

      No, we're not perfect and there are loads of things we could do better at but we're really not that bad. Get out, see the world, step around the touristy areas and see what lurks in the shadows. It's really not that bad and a hell of a lot better than it could be. That we're even able to have a conversation like this shows that we're reduced to looking for some of the least important things to complain about. Truth is, it could be much worse.

      It's obvious that I'm from the US. I'm a citizen. However, what's not obvious is that I live here by choice. I have Canadian citizenship by grace of heritage. I can live in a whole bunch of other countries if I want to make the effort to emigrate. But, I've been everywhere. I've been to places where the State Department has made it a point to call me and warn me that I should not go there and that they'd be unable to help. I've been across Europe, into Asia, to Africa, and even to Australia (but not New Zealand). I've been from Russia to Germany, from Turkey to India, from Nepal to Japan, from Morocco to South Africa, and all over.

      People are people and America's not that bad. I'm still not sure how I feel about not being the best at everything but I guess I'm okay with that. You don't have to be the best to have a good time. It could be much, much worse. There are plenty of things to improve but that list is shorter than there are things that could be worse. Maybe visit sometime, with an open mind, and decide for yourself and not worry so much about being the best and worry more about doing good things for good reasons and having a good time. Life's short, live it instead of trying to live someone else's.

      --
      "So long and thanks for all the fish."
    7. Re:Why not overseas .... by ShanghaiBill · · Score: 2

      Was it impoverished and authoritarian back then?

      Tariff policy was always controversial in America, with northern industrialists preferring protection for industry, and southern and western agricultural regions preferring free trade. It was a contributing factor in the Civil War. The victors were able to impose their high tariffs, and as a result, the South was relatively impoverished until tariffs were reduced after the folly of excessive tariffs was fully exposed in the Great Depression of the 1930s.

    8. Re:Why not overseas .... by FlyHelicopters · · Score: 2

      Germany does have one benefit, they tend to have a strong worth ethic...

      Too many Americans are fat and lazy and just don't want to work.

      Yes, yes, I know, broad brush... but I see it every day...

  2. Only Outlaws will Have Encryption by NReitzel · · Score: 5, Informative

    You would have thought that our government would have learned when they attempted to ban PGP, decades ago.

    For those of you who don't remember, the software got classified as a munition, people who sold it could be arrested as arms trafficers. Downloads instantly moved from US servers to those in Finland (and elsewhere) and the end result was a big spectacular nothing.

    Calmer heads prevailed, in the long run.

    The technology is out there, the knowledge of how to do encryption is impossible to stuff back into the bottle.

    --

    Don't take life too seriously; it isn't permanent.

    1. Re:Only Outlaws will Have Encryption by Anonymous Coward · · Score: 2, Insightful

      You would have thought that our government would have learned

      You assume that politicians are capable *and* willing to learn...

    2. Re:Only Outlaws will Have Encryption by bigpat · · Score: 4, Insightful

      You would have thought that our government would have learned when they attempted to ban PGP, decades ago.

      For those of you who don't remember, the software got classified as a munition, people who sold it could be arrested as arms trafficers. Downloads instantly moved from US servers to those in Finland (and elsewhere) and the end result was a big spectacular nothing.

      Calmer heads prevailed, in the long run.

      The technology is out there, the knowledge of how to do encryption is impossible to stuff back into the bottle.

      Yes, I remember the bad old days when a Netscape web browser was considered as a weapon of war and it was illegal to export it outside the US and there was a check box on the EULA saying you agree that you wouldn't export it.

      If ITAR is again applied to encryption then the US will stop being able to sell pretty much any technology overseas and most people in the US who aren't complete morons will just import hardware and software from free countries where encryption is allowed.

    3. Re:Only Outlaws will Have Encryption by PPH · · Score: 4, Insightful

      when they attempted to ban PGP, decades ago.

      They didn't actually ban it outright. They put it on the ITAR munitions list in an effort to keep it from being exported and used by the overseas targets of our espionage. Inside the USA, we were still free to use strong encryption between ourselves. Unfortunately, our moron legislators didn't understand that the underlying math and theory was already out there and how trivially easy it was to replicate and distribute from sites offshore.

      Fast forward to today: What they want ('they' being a couple of half-wits in congress and law enforcement) is to restrict certain forms of encryption from coming back inside the USA. The TLAs are no longer spying on overseas entities. They are spying on their own population and don't want strong encryption schemes to interfere with that.

      --
      Have gnu, will travel.
  3. It's math ... by gstoddart · · Score: 4, Insightful

    "Cryptography is very much a worldwide academic discipline, as evidenced by the quantity and quality of research papers and academic conferences from countries other than the U.S."

    Cryptography is, ultimately, mathematics.

    People who want to poke holes in crypto fundamentally don't understand that the math is out there for all to see.

    So, flash back .. what, 20 years? When the US treated crypto as munitions and you couldn't export it. Now the US wants to break it, control it, and regulate it. And if people shift to other technologies, the US will be left with nothing but wishful thinking, and crypto they can't do anything with.

    âoeThe potential of an NSA-installed backdoor in U.S. encryption products is rarely mentioned in the marketing material for the foreign-made encryption products,â the study explains. âoeThis is, of course, likely to change if U.S. policy changes.â

    Indeed, wait for the marketing glossy to say "now, 100% American spying free!!!"

    Oddly enough, if you make yourselves untrustworthy, nobody will trust you.

    "So let me be crystal clear: Weakening encryption or taking it away harms good people who are using it for the right reason," Apple CEO Tim Cook

    The people who want to spy on everybody don't understand this fact. You can't keep the benefits of crypto if you've ruined it. And trusting the spies will be the only ones who have broken into your stuff is utterly moronic.

    The heads of these spy agencies are too ill-informed about the technology to understand the stupidity of what they say. All they see is a need for nobody to have any secrets from them -- and to them, a big fuck you.

    --
    Lost at C:>. Found at C.
    1. Re:It's math ... by gstoddart · · Score: 2

      I'm curious as to how someone becomes the head of a spy agency while being so fundamentally ignorant of one of the most fundamental aspects of espionage.

      I find the further up the food chain you move the less it becomes about reality, and the more it becomes the ridiculous belief that your demands define reality.

      "Just make it go because I said so".

      He's a lawyer, not a technologist or a spy ... which means he believes semantic arguments about the law take precedence technical constraints.

      Political appointees are there to implement policy, and reality isn't allowed to interfere with policy.

      --
      Lost at C:>. Found at C.
    2. Re:It's math ... by sims+2 · · Score: 2

      Why would they need to know what a distributor is? It's not the 1970's Cars don't have distributors anymore. People don't need things like rights, privacy or encryption anymore. We trust our government to always do the right thing.

      If you have nothing to hide you have nothing to fear.

      Papers please citizen. ;-)

      --
      Minimum threshold fixed. Thanks!
  4. These guys are morons. by tlambert · · Score: 4, Insightful

    These guys are morons.

    We pushed crypto development to South Africa for FreeBSD back in the early 1990's to get around ITAR restrictions: "you can import, but you can't export".

    We will happily route around this brain damage, too.

    P.S.: The way to get better cryptographers in other countries is to make cryptographers criminals in the U.S.; obviously, it will not do fuck all to actually stop cryptography from happening, it'll just be that our people end up being shit at it compared to their people.

    1. Re:These guys are morons. by MitchDev · · Score: 4, Interesting

      No, they aren't morons, they are EVIL. They KNOW what they are proposing is wrong, but they do it anyway. Greed for money and power drives them, bought and paid for by the 1%. In the 70s,80s, 90s, would anyone have dreamed of the trampling of the Constitution that the government does nowadays, using 9/11 as a huge lever to bring in more trampling of citizens rights under the guise of "security"....

  5. This again.... by TheCarp · · Score: 2

    See I remember this shit. My very first exposure to any kind of encryption at all involved finding out about PGP and wanting to try to port it to my system.

    Multiple versions of the same library? why? They didn't DO anything different at all, just one was produced in the US and one outside so nobody had to go to prison for sharing well understood fucking math with people who already knew it.

    Politicians are fucking neanderthal pinheads. Let them make their laws, they will do nothing but make laughing stocks of themselves....AGAIN.

    --
    "I opened my eyes, and everything went dark again"
  6. If a person doesn't already see this point.... by mark-t · · Score: 2

    ... then telling them about it isn't any more likely to convince them you are right. Clearly, those who would support encryption bans probably feel like there is any significant legal market for such technology is far outweighed by the extra efforts that law enforcement must go through because of it, or else they would not be suggesting a ban in the first place.

    What I believe is more effective at convincing them is to point out that even if banning strong encryption genuinely made law enforcement's job easier in absolutely every way they expect it to, if law enforcement can read your confidential data, however benign they might claim to be, then potentially, so could someone else.... someone with less benevolent intentions, and law enforcement would actually be *further* burdened with the task of keeping those who are innocent protected from predatory criminals who would seek to exploit the now weaker security systems that everyone is supposed to use, as mandated by law. The net effect is that the law enforcement has *more* work to do... not less, and the general public's safety is weakened, not improved. The only ones that can possibly come out ahead in the game are those who break the law.

    1. Re:If a person doesn't already see this point.... by MitchDev · · Score: 3, Informative

      Except the police aren't there to protect you....they are there to protect "the state"

  7. God DAMN it! Not fucking again! by Shoten · · Score: 3, Interesting

    I remember the days of the Clipper Chip, and of the prohibition on exporting strong crypto. I remember getting a package from Checkpoint in Ramat Gan, Israel (over international DHL, I believe it was) that was slathered with warning stickers that said it could not leave the USA...when it originated from Israel.

    I remember in 2000, doing an IV&V of a VPN solution that did something really funky with their key generation, such that they were allowed to export strong (based on bit size) encryption without having to do key escrow. They put some of the key generation material in the handshake exchange...which means it went in the clear. I shit you not. Oh, and also, their algorithm had no forward secrecy...which was the whole point. Anyone who had sniffed the session could go to the operator of the VPN with a warrant, and have them re-generate the key that was negotiated between the two endpoints...making it possible to decrypt the session. Of course, this came along with a whole metric shitload of security problems, like the fact that compromising the VPN concentrator and pulling a little data off of it would give you the ability to decrypt any session that included that concentrator (we never got to the point of seeing if we could get the same effect by attacking the client). Basically, the whole thing was just a big pile of bitch cock, just waiting for disaster. (We also found a one-packed DoS, a buffer overflow, and other things...all unauthenticated attacks.)

    And the best part? The client for whom it turned out I was doing this IV&V. It was the United States Secret Service...specifically the protective detail for the incoming Bush administration. This pig-fucker of a VPN solution was going to be used to protect the President of the United States. That was fun to find out...at the outset of the engagement, we thought our client was the Treasury Department in general (which was kind of true, in a way). When we had "The Meeting" to tell them what a disaster the solution was, they told us who we were really working for in specific. I really needed a drink after that meeting.

    Needless to say, the Secret Service ended up going with a different solution.

    And now here we are again...with different people but the same organizations bringing up the same dogshit reasons to try and justify demanding the same dumb-shit idea be implemented...backdoored encryption. I find it so incredibly interesting that, when it came down to it, the US Government wouldn't rely on a solution like that to protect themselves, but they would insist that the rest of us accept it for our own use. It makes me want to spew a litany of every obscene word and phrase I can remember, in alphabetical order.

    --

    For your security, this post has been encrypted with ROT-13, twice.
  8. "Send the Market Overseas"... Again by Anonymous Coward · · Score: 2, Informative

    I think the headline was missing something:

    "US Encryption Ban Would Only Send the Market Overseas".... Again.

    They tried this ITAR ban on exporting encryption back in the 1990s and people just moved open source software projects to overseas servers and were careful not to openly contribute encryption code to those projects.

    It is complete idiocy and fatally undermines US national security to ban encryption or put restrictions on its use. The US has the most to lose security-wise by making it harder to secure communications in the US. Everything we do and say is track-able online.

    For every potentially missed terror cell you might find by trolling through unencrypted communications, there are millions of government employees walking around vulnerable to having their personal (and official) communications hacked by all sorts of state sponsored and non-state sponsored groups all because the government has put pressure on providers not to make communications "too secure".

    I don't want terrorists to kill people, but I also don't want to have our national security so vulnerable as collateral damage.

  9. First Ammendment by Mr_Blank · · Score: 3, Interesting

    Isn't a ban on encryption a ban on free speech?

    It seems to me that encrypted communication is akin to two people having a conversation in Klingon. If a third party, a police officer, were to interrupt the conversation shouting, "Hey! Speak English! You must be understood!", then that would clearly be a violation of first amendment rights. I cannot imagine a judge would allow the police officer to use a defense of, "Well, they could have been planning terrorism." If the conversation is electronic, and the government does not know what is being said, then it still seems absurd to me for that to be illegal.

    Banning encrypted communication is akin to banning all foreign languages, made-up languages, and baby talk. Speak English, little baby, you must be understood or the cops will get you! Absurd.

  10. Re:Au contraire by ShanghaiBill · · Score: 2

    NAFTA etc. are working exactly as designed, inspiring a race to the bottom in terms of quality of living and wages.

    This is nonsense. NAFTA has had the opposite effect. American and Canada have kept their environment and safety protections, while Mexico has improved dramatically. Moreover, Mexican labor conditions have improved the most in the Maquiladoras along the US border. They didn't pull us down. We pulled them up.

  11. "Export Jobs, Not Crypto" Policy by Scorpinox · · Score: 3, Insightful

    If you want to make software that uses cryptography available worldwide, you're already incentivized to develop it in a foreign country and import it to the US. There's no restriction on using foreign cryptography in the US, but there are legal hurdles you have to jump if you want to export cryptography from the US.

    OpenSSL themselves mentions exporting as an alternative to costly legal counsel:
    "The only other safe course of action would be to pay non-U.S. citizens to develop the cryptographic software overseas and import it into the U.S., as imports are not restricted. Foreigners who benefit financially from this situation refer to the U.S. “export jobs, not crypto” policy." https://www.openssl.org/docs/f... (page 145)