Daily Archives: 2017-08-22

History of the Crypto Wars in Britain

Back in March I gave an invited talk to the Cambridge University Ethics in Mathematics Society on the Crypto Wars. They have just put the video online here.

We spent much of the 1990s pushing back against attempts by the intelligence agencies to seize control of cryptography. From the Clipper Chip through the regulation of trusted third parties to export control, the agencies tried one trick after another to make us all less secure online, claiming that thanks to cryptography the world of intelligence was “going dark”. Quite the opposite was true; with communications moving online, with people starting to carry mobile phones everywhere, and with our communications and traffic data mostly handled by big firms who respond to warrants, law enforcement has never had it so good. Twenty years ago it cost over a thousand pounds a day to follow a suspect around, and weeks of work to map his contacts; Ed Snowden told us how nowadays an officer can get your location history with one click and your address book with another. In fact, searches through the contact patterns of whole populations are now routine.

The checks and balances that we thought had been built in to the RIP Act in 2000 after all our lobbying during the 1990s turned out to be ineffective. GCHQ simply broke the law and, after Snowden exposed them, Parliament passed the IP Act to declare that what they did was all right now. The Act allows the Home Secretary to give secret orders to tech companies to do anything they physically can to facilitate surveillance, thereby delighting our foreign competitors. And Brexit means the government thinks it can ignore the European Court of Justice, which has already ruled against some of the Act’s provisions. (Or perhaps Theresa May chose a hard Brexit because she doesn’t want the pesky court in the way.)

Yet we now see the Home Secretary repeating the old nonsense about decent people not needing privacy along with law enforcement officials on both sides of the Atlantic. Why doesn’t she just sign the technical capability notices she deems necessary and serve them?

In these fraught times it might be useful to recall how we got here. My talk to the Ethics in Mathematics Society was a personal memoir; there are many links on my web page to relevant documents.