Encryption is a weapon?
Yes. Encryption (the stuff that puts that padlock in the bottom right-hand corner of your web browser when you use your internet banking) can be considered to be a weapon.Maybe that’s pushing it. It’s actually considered to be a dual-use technology, meaning that it can be used for both peaceful / commercial as well as military purposes. Included in this “dual-use” category are things such as nuclear weapons (or their components) and GPS (Global Positioning System) technology.
The international community likes to control who is able to obtain this kind of technology, and a number of nonproliferation treaties and agreements are in place for purpose. One such example is the Wassenaar Agreement, whose 40 participating states (including US and New Zealand):
- have agreed to maintain national export controls on listed items. These controls are implemented via national legislation.
- have agreed to report on transfers and denials of specified controlled items to destinations outside the Arrangement.
- are guided by agreed Best Practices, Guidelines or Elements.
- exchange information on sensitive dual-use goods and technologies.
They have lists of the good-but-bad technologies with which care should be taken. It’s then left up to the member state to implement these controls within their own legislative / regulatory framework.
It’s interesting to look into the different ways in which countries have implemented their own controls - whether in compliance with the Wassenaar Arrangement or not. For example, when exporting encryption products from the United States it gets somewhat complicated, as you have to consider the strength of the encryption, where it is being exported to, who the recipient is, what it will be used for, and how it will be transferred.
In order to maintain existing export controls / regulations, the President of the US is required annually to redeclare a ‘national emergency’. This is because the Export Administration Act (1979) expired in 1994 and has not yet been renewed by Congress. This years continuation notice is here.
Technology will keep on pushing, regardless of whether bureaucracy can keep up or not. Fascinating stuff for a Friday. :)
Listening to : U2 - Where The Streets Have No Name