PowerPoint® Slides to Accompany A Gift of Fire: Social, Legal, and Ethical Issues for Computers and the Internet (2nd Edition) by Sara Baase San Diego State University PowerPoint slides created by Sherry Clark Modified and presented by Cuong Tham Copyright 2003 Prentice Hall

Discussion Topic Asmt. 1: Encryption Control Act Suppose Congress is debating the following proposed law: (1) All encryption products manufactured or imported for sale or use in the United States must include features that permit immediate decryption of the encrypted data upon the receipt of a valid court order. (2) Whoever knowingly manufactures, imports, or sells an encryption product that does not meet the requirements of this Act shall be subject to a term of imprisonment of not more than five years, a fine of not more than two hundred fifty thousand dollars, or both. (3) It shall NOT be unlawful to use any encryption product purchased or in use prior to January 31 of the year following passage of this Act.

Views From Different Groups about the Act The groups are presenting arguments to Congress and the news media. Group 1: Representatives of the FBI, CIA, and Homeland Security Dept. (in favor) Group 2: Representatives of the American Civil Liberties Union (ACLU) (against) Group 3: Representatives of police departments (in favor) Group 4: Representatives of the computer equipment and telecommunications industries (against)

Role: computer equipment and telecommunications industries Against Encryption Control Act Arguments: The cost is too high for the companies to modify and redesign all the hardware and software to meet law demand Privacy concern could result of losing potential customers Financial lost due to unable to sell already manufactured products The act prevents potential improvements in communications technology from being implemented

Industries countered that the actual cost would be in billions. The cost is too high for the companies to modify and redesign all the hardware and software to meet law demand US passed a similar Act, the Communications Assistance for Law Enforcement Act of 1994 (CALEA) In response to high cost of modification of existing software and hardware, CALEA authorized $500, 000, 000 to resolve matter Industries countered that the actual cost would be in billions. Companies could suffer the same difficulties from the Encryption Control Act

Privacy concern resulting of losing potential customers If the communication equipment were designed for interception by government agencies (require a court order), it is possible for unauthorized parties to intercept the communication, thus reduce the security Because of the security concern, customers were choosing to use the equipment or application for communications may decide to use other alternatives.

Privacy concern resulting of losing potential customers Eg., encryption products produced by US companies for export were less completive than those foreign companies that used better encryption.

Financial lost due to unable to sell already manufactured products The act only allow one to use any encryption product purchased or in use prior to January 31 of the year following passage of this Act. As result, the manufactured products that does not meat requirement of the Act have to be either modified according to the requirement or to be recycled.

The act prevents potential improvements in communications technology from being implemented Technology is available to make communications more secure. However, in order meet the law requirement, such technology can not be implements.