The Risks of Key Recovery, Key Escrow, and Trusted Third-Party Encryption

A variety of "key recovery," "key escrow," and "trusted third-party" encryption requirements have been suggested in recent years by government agencies seeking to conduct covert surveillance within the changing environments brought about by new technologies. This report examines the fundamental properties of these requirements and attempts to outline the technical risks, costs, and implications of deploying systems that provide government access to encryption keys

The Risks of Key Recovery, Key Escrow, and Trusted Third-Party Encryption

A variety of "key recovery," "key escrow," and "trusted third-party" encryption requirements have been suggested in recent years by government agencies seeking to conduct covert surveillance within the changing environments brought about by new technologies. This report examines the fundamental properties of these requirements and attempts to outline the technical risks, costs, and implications of deploying systems that provide government access to encryption keys

Patenting Cryptographic Technology

The policy concerns intersecting patent law and cryptographic technology relate to the technology\u27s beneficial uses in securing information in a commercial and social fabric that increasingly relies on computing and electronic communications for its makeup. The presence of patenting in a technology can impact diffusion of interoperable technology. Standardized embeddable cryptography facilitates its supply. Patent law for several decades has waxed and waned in its embrace of software implemented inventions rooted in abstract ideas such as the mathematics and mathematical algorithms underlying modern cryptography. This article documents the growth of cryptographic patenting. Then, in light of this growth and patent law\u27s resulting shadow on the technology, it discusses implications for data security. These implications include both collaborative and contentious responses by the technology providers and distributors furthering cryptography in the information technology ecology

Information Warfare and Neutrality

This Article examines Information Warfare--that is, actions taken to affect adversary information and information systems conducted during a crisis or conflict to achieve or promote specific objectives against the adversary. The Article begins with an explanation of the development and structure of the Internet. It then cites examples of the use of information strategies in recent conflicts. Next, the Article turns to a discussion of the principles of neutrality in the U.N. Charter era. Specifically, the Article examines neutrality in the context of land warfare, naval warfare, aerial warfare, and outer space. Next, the Author discusses application of principles from each of these neutrality contexts to Information Warfare, including additional analysis of the principles of self-defense, reprisals, and retorsions. The Author continues by exploring the difficulties in analogizing principles of neutrality, customary law, as well as treaty law to the information warfare context. Finally, the Author describes additional considerations that must be addressed in determining guiding principles of international law in the information age