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Cryptography is a necessary tool in the information society. Yet if criminals use it, wiretaps and computer searches will become useless. So, there is a clash of concerns: how to ensure that the police can still catch criminals, while respecting the essential uses of cryptography in information security?
First, one should analyse just what is the problem for the police. Wiretapping and computer searches will be hampered by cryptography, and one should assess what kind of criminals will be involved, and what is the extent of the problem - how many criminal investigations have been hampered by cryptography?.
Then, one should look at the alternatives. There are three main directions to look in. First, the govenment can try and get access to keys before they are used, through key escrow or key recovery systems. Alternatively, they may ask suspects for the key or password afterwards; here, they have to take into account the privilege against self-incrimination. If the government can't access keys at all, they'll have to forget about wiretapping and computer searches, and consider other investigation measures.
Finally, after an analysis of the problem and of the alternatives, one must balance the concerns at stake, and decide upon a policy.
© Bert-Jaap Koops, 1997-1999. All rights reserved.
Last updated on 20 July 1999.
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