From Paul Zimmerman who wrote PGP(tm)
Why I wrote PGP
“Whatever you do will be insignificant, but it is very important
that you do it.”
—Mahatma Gandhi.
It’s personal. It’s private. And it’s no one’s business but yours. You
may be planning a political campaign, discussing your taxes, or having
a secretromance. Or you may be communicating with a political dissident
in a repressive country. Whatever it is, you don’t want your private electronic
mail (email) or confidential documents read by anyone else. There’s nothing
wrong
with asserting your privacy. Privacy is as apple-pie as the Constitution.
The right to privacy is spread implicitly throughout the Bill of Rights.
But when the United States Constitution was framed, the Founding Fathers
saw no need to explicitly spell out the right to a private conversation.
That would have been silly. Two hundred years ago, all conversations were
private. If someone else was within earshot, you could just go out behind
the barn and have your conversation there. No one could listen in without
your knowledge.
The right to a private conversation was a natural right, not just in a philosophical sense, but in a law-of-physics sense, given the technology of the time. But with the coming of the information age, starting with the invention of the telephone, all that has changed. Now most of our conversations are conducted electronically. This allows our most intimate conversations to be exposed without our knowledge. Cellular phone calls may be monitored by anyone with a radio. Electronic mail, sent across the Internet, is no more secure than cellular phone calls. Email is rapidly replacing postal mail, becoming the norm for everyone, not the novelty it was in the past. And email can be routinely and automatically scanned for interesting keywords, on a large scale, without detection. This is like driftnet fishing.
Perhaps you think your email is legitimate enough that encryption is
unwarranted. If you really are a law-abiding citizen with nothing to hide,
then why don’t you always send your paper mail on postcards? Why not submit
to drug testing on demand? Why require a warrant for police searches of
your house? Are you trying to hide something? If you hide your mail inside
envelopes, does that mean you must be a subversive or a drug dealer,
or maybe a paranoid nut? Do law-abiding citizens have any need to encrypt
their email?
What if everyone believed that law-abiding citizens should use postcards
for their mail? If a nonconformist tried to assert his privacy by using
an envelope for his mail, it would draw suspicion. Perhaps the authorities
would open his mail to see what he’s hiding. Fortunately, we don’t live
in that kind of world, because everyone protects most of their mail with
envelopes. So no one draws suspicion by asserting their privacy with an
envelope. There’s safety in numbers. Analogously, it would be nice if everyone
routinely used encryption for all their email, innocent or not, so that
no one drew suspicion by asserting their email privacy with encryption.
Think of it as a form of solidarity. Until now, if the government wanted
to violate the privacy of ordinary
citizens, they had to expend a certain amount of expense and labor
to intercept and steam open and read paper mail. Or they had to listen
to and possibly transcribe spoken telephone conversation, at least before
automatic voice recognition technology became available. This kind of labor-intensive
monitoring was not practical on a large scale. It was only done in important
cases when it seemed worthwhile.
Senate Bill 266, a 1991 omnibus anticrime bill, had an unsettling measure
buried in it. If this non-binding resolution had become real law, it would
have forced manufacturers of secure communications equipment to insert
special “trap doors” in their products, so that the government could read
anyone’s encrypted messages. It reads, “It is the sense of Congress that
providers of electronic communications services and manufacturers of electronic
communications service equipment shall ensure that communications systems
permit the government to obtain the plain text contents of voice, data,
and other communications when appropriately authorized by law.” It was
this bill that led me to publish PGP electronically for free that year,
shortly before the
measure was defeated after vigorous protest by civil libertarians and
industry groups.
The 1994 Digital Telephony bill mandated that phone companies install
remote wiretapping ports into their central office digital switches, creating
a new technology infrastructure for “point-and-click” wiretapping, so that
federal agents no longer have to go out and attach alligator clips to phone
lines. Now they will be able to sit in their headquarters in Washington
and listen in on your phone calls. Of course, the law still requires a
court order for a wiretap. But while technology infrastructures can persist
for generations, laws and policies can change overnight. Once a communications
infrastructure optimized for surveillance becomes entrenched, a shift in
political conditions may lead to abuse of this new-found power. Political
conditions may shift with the election of a new government, or perhaps
more abruptly from the bombing of a federal building. A year after the
1994 Digital Telephony bill passed, the FBI disclosed plans to require
the phone companies to build into their infrastructure the capacity to
simultaneously wiretap 1 percent of all phone calls in all major U.S.
cities. This would represent more than a thousandfold increase over previous
levels in the number of phones that could be wiretapped. In previous years,
there were only about a thousand court-ordered wiretaps in the United States
per year, at the federal, state, and local levels combined. It’s hard to
see how the government could even employ enough judges to sign enough wiretap
orders to wiretap 1 percent of all our phone calls, much less hire enough
federal agents to sit and listen to all that traffic in real time. The
only plausible way of processing that amount of traffic is a massive Orwellian
application of automated voice recognition technology to sift through it
all, searching for
interesting keywords or searching for a particular speaker’s voice.
If the government doesn’t find the target in the first 1 percent sample,
the wiretaps can be shifted over to a different 1 percent until the target
is found, or until everyone’s phone line has been checked for subversive
traffic. The FBI says they need this capacity to plan for the future. This
plan sparked such outrage
that it was defeated in Congress, at least this time around, in 1995.
But the mere fact that the FBI even asked for these broad powers is revealing
of their agenda. And the defeat of this plan isn’t so reassuring when you
consider that the 1994 Digital Telephony bill was also defeated the first
time it was introduced, in 1993. Advances in technology will not permit
the maintenance of the status quo, as far as privacy is concerned. The
status quo is unstable. If we do nothing, new technologies will give the
government newautomatic surveillance capabilities that Stalin could never
have dreamed of. The only way to hold the line on privacy in the information
age is strong cryptography.
You don’t have to distrust the government to want to use cryptography. Your business can be wiretapped by business rivals, organized crime, or foreign governments. Several foreign governments, for example, admit to using their signals intelligence against companies from other countries to give their own corporations a competitive edge. Ironically, the United States government’s restrictions on cryptography have weakened U.S. corporate defenses against foreign intelligence and organized crime.
The government knows what a pivotal role cryptography is destined to
play in the power relationship with its people. In April 1993, the Clinton
administration unveiled a bold new encryption policy initiative, which
had been under development at the National Security Agency (NSA) since
the start of the Bush administration. The centerpiece of this initiative
was a government-built encryption device, called the Clipper chip, containing
a new classified NSA encryption algorithm. The government tried to encourage
private industry to design it into all their secure communication products,
such as secure phones, secure faxes, and so on. AT&T put Clipper into
its secure voice products. The catch: At the time of manufacture, each
Clipper
chip is loaded with its own unique key, and the government gets to
keep a copy, placed in escrow. Not to worry, though—the government promises
that they will use these keys to read your traffic only “when duly authorized
by law.” Of course, to make Clipper completely effective, the next logical
step would be to outlaw other forms of cryptography. The government initially
claimed that using Clipper would be voluntary, that no one would be forced
to use it instead of other types of cryptography. But
the public reaction against the Clipper chip has been strong, stronger
than the government anticipated. The computer industry has monolithically
proclaimed its opposition to using Clipper. FBI director Louis Freeh responded
to a question in a press conference in 1994 by saying that if Clipper failed
to gain public support, and FBI wiretaps were shut out by non-government-controlled
cryptography, his office would have no choice but to seek legislative relief.
Later, in the aftermath of the Oklahoma City tragedy, Mr. Freeh testified
before the Senate Judiciary Committee that public availability of strong
ryptography must be curtailed by the government (although no one had suggested
that cryptography was used by the bombers).
The Electronic Privacy Information Center (EPIC) obtained some revealing
documents under the Freedom of Information Act. In a briefing document
titled “Encryption: The Threat, Applications and Potential Solutions,”
and sent to the National Security Council in February 1993, the FBI, NSA,
and Department of Justice (DOJ) concluded that “Technical solutions, such
as they
are, will only work if they are incorporated into all encryption products.
To ensure that this occurs, legislation mandating the use of Government-approved
encryption products or adherence to Government encryption criteria is required.”
The government has a track record that does not inspire confidence that
they will never abuse our civil liberties. The FBI’s COINTELPRO program
targeted groups that opposed government policies. They spied on the antiwar
movement and the civil rights movement. They wiretapped the phone of Martin
Luther King Jr. Nixon had his enemies list. And then there was the
Watergate mess. Congress now seems intent on passing laws curtailing
our civil liberties on the Internet. At no time in the past century has
public distrust of the government been so broadly distributed across the
political spectrum, as it is today.
If we want to resist this unsettling trend in the government to outlaw cryptography, one measure we can apply is to use cryptography as much as we can now while it’s still legal. When use of strong cryptography becomes popular, it’s harder for the government to criminalize it. Therefore, using PGP is good for preserving democracy. If privacy is outlawed, only outlaws will have privacy. Intelligence agencies have access to good cryptographic technology. So do the big arms and drug traffickers. But ordinary people and grassroots political organizations mostly have not had access to affordable “military grade” public-key cryptographic technology.
Until now.
PGP empowers people to take their privacy into their own hands. There’s
a growing social need for it. That’s why I created it.