*********

From: "Bass, Kenneth C., III" <[EMAIL PROTECTED]>
To: "'[EMAIL PROTECTED]'" <[EMAIL PROTECTED]>,
"'[EMAIL PROTECTED]'"
<[EMAIL PROTECTED]>
Subject: RE: Response to the Maginot Line of Encryption Falls
Date: Wed, 20 Jan 1999 11:17:41 -0500

I don't think the significance of the French decision can be minimized. As the
traditional "hard-line foe" on private use of encryption, this new decision
represents a 180 degree turn on the geopolitical stage. Coupled with what I
hear is a Danish retreat on the Wassenar "agreement," I see the beginning of
the end here.
Ken

********

From: [EMAIL PROTECTED]
Date: Wed, 20 Jan 1999 10:58:23 -0500
To: <[EMAIL PROTECTED]>
Subject: Re:FC: Response to the Maginot Line of Encryption Falls

Marc's analysis has a lot of truth in it, but I'd add some nuance.  The
European
Commission has no real national security or police function, so it certainly
was
hostile to the whole French policy.  The role of Germany is less
black-and-white.  I'm sure Marc has lots of friends and allies in the German
government who have told him all the things they did to undercut French
policy.

But my experience on this issue is that *every* side in the debate has friends
in the German government.  It's as riven as a government can be.

In the end, both in France and in Germany, the liberals won out.  In France, I
would not underestimate the romantic attraction that high-tech has for French
policymakers.  They like to see themselves at the forefront of technological
change -- hence the massive French government investments in things like
nuclear
power and the Concorde.   There were a lot of French officials who just hated
being condescended to as clueless by the Internet community.

Marc's also right that I thought the French would be a tougher nut to crack,
and
that the US and the UK could make common cause with France to push TTP
policies.
I wasn't alone.  That was the underlying assumption of the McCain-Kerrey
compromise proposal and of the UK law that is still wending its way through
Blair's government.  Now, without an aggressive French regulatory approach,
these efforts to achieve market dominance for TTP systems using governmental
"body English" are unlikely to succeed, although they will certainly add to
the
cost of being a certification authority.

Stewart Baker
Steptoe & Johnson LLP
202.429.6413
[EMAIL PROTECTED]

Baker & Hurst, "The Limits of Trust -- Governments, Cryptography, and
Electronic
Commerce"
http://www.amazon.com/exec/obidos/ASIN/9041106359




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