bulletin lambda 2.12

December 5, 1996

A letter reveals French key-escrow scheme

A leaked letter, sent from a security lobby group to the encryption agency, reveals the basic principles of the French key-escrow scheme, due for 1997

For several months French authorities have quietly begun to build the world's first "key recovery" encryption scheme, scheduled to take effect early in 1997. But a leaked letter sent to the official security agency, the SCSSI, reveals that the so-called "trust" has some limitation in the draft project.

The proposal, called a "decret d'application," is a prime ministerial decree scheduled to be issued after the Telecommunications Reform Act of July 27, 1996. In France, a law only takes effect after the government signs it as a decree.

The decree will define the business conditions of future "trusted third party" (TTP) systems -- in French referred to as "tiers de confidentialite," or a "privacy third party" -- and stresses the difference between the two basic encryption applications: digital signature and privacy. These agents will have the role of electronic notaries, keeping crypto keys in custody for law enforcement or national intelligence purposes.

This bulletin has also learned that French authorities won't impose the "key recovery" scheme as a "mandatory" one. Yet it seems clear that a company will not be able to do business-as-usual if its encryption systems aren't certified by TTPs.

Is this good news for individual users? It's not certain: The law says that crypto is legal *only* if keys are kept in custody. It won't be mandatory -- however if you get caught using PGP, it could be considered as a criminal offense.

The letter (see it in French also) obtained by the press is signed by Jean-Claude Jouas, president of the computer security think tank CLUSIF, and addressed to General Jean-Louis Desvignes, head of the SCSSI. The CLUSIF represents security-related executives from large French companies (some of which are state-owned, such as Bull and Thomson) and also from private consultancies. The SCSSI decided, after intense lobbying, to meet the industry think tank -- which highly suggests that the CLUSIF saw the close-doors draft decree.

  • Point 1 The letter emphasizes the lack of resolving important questions such as "international exchanges." The letter says: "It shall be possible for [future TTPs] to search partners in foreign countries in order to make these international exchanges a reality, if these partners are ready to respect French national legislation...." The letter goes on to say: "section 5 [of the draft decree] presents a 'franco-francais' project," which could undermine the basic purposes of TTPs. This national approach could create a blow for the OECD initiatives to reach a worldwide consensus for encryption policies (as described in previous bulletins).

    Stephane Bortzmeyer, speaking for the French Internet Users Association, says: "We'll need more than these suggestions for allowing a reasonable use of crypto. For instance, the international exchanges case is simple: either PGP or SSH use are legal, or people [in France] won't be able to subscribe to CERT mailing lists." This is because CERT urges its participants to encrypt their communications (for integrity reasons).

  • Point 2 The so-called "certification" procedures. The CLUSIF says "concerning the users' point of view, the most critical point [is] the certification of encryption means and technologies which will be offered by the [TTP], especially concerning the trust level the users will have to afford. [Evaluation and certification] is the key point to establish a trusted relationship, and we consider it as fundamental to include [this point] in the decree".

    In terms of certification, people can understand that this will protect the user from possible illegal duplication of encryption private keys, thus helping to prevent illegal interception of communications. If these certification procedures are not scheduled in the draft, people could consider it as a reason for an additional lack of trust.

  • Point 3 The think tank severely notes that "there is nothing scheduled in the draft in the case of legal disputes ... between the user and the third party." The litigation could erupt if the TTP gives up a users' private keys to unauthorized parties (i.e., a competitor or a curious, wiretapping official...).

    Epilogue: The SCSSI says the final decree could be published by the end of this month. Lambda personal bet: It might be published on Friday, December 27th. (The previous crypto legislation, in 1990, was passed as law on December 29 -- and the decrees for it were officially signed in 1992, on December 28.)

    Translation help - K. N. Cukier

    Short Notes

  • OECD update: The OECD draft guidelines of the crypto expert group have been revealed in Austria. This document was amended during the September 26-27 meeting in Paris, thus there have been changes since then.

  • EPIC conference proceedings: It's a long time since the event, but you can read the English version of a report on the crypto conference the EPIC organized in Paris on Sept. 25, on the eve of the OECD meeting.

  • EF-Sverige: One Lambda subscriber advises people interesting in cyber-rights in Sweden to check EF Sverige, independent from the US-based organization (although, as for EF France and others, the EFF has given them the right to use the name EF-Sverige. EF-Sveridge was founded by two journalists: Anna-Mi Wendel, the chairman, and Peppe Arninge, a member of the board.
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