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E - A Brief History of Cryptography Policy
Pages 414-420

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From page 414...
... use of export controls was in the Trading with the Enemy Act, passed in 1917 during World War I, which empowered the President to restrict economic activities with enemy countries.2 U.S. peacetime export control activities grew to a significant degree following World War II.
From page 415...
... As discussed in Chapter 4, the National Security Agency plays a strong advisory role to the Departments of State and Commerce in deciding issues of licensing cryptographic products for export. E.2 ACADEMIC RESEARCH AND THE CONTROL OF INFORMATION ABOUT CRYPTOGRAPHY By the 1970s, interest in cryptography was growing not only in commercial but also in academic circles.
From page 416...
... The restriction on technical data has been applied to restrict dissemination of academic research, for example, at open scientific meetings within the United States, because the accessibility of such data to foreign persons implies the possibility of "export" of the data.6 Prepublication review clauses in contracts and grants for government sponsored university research, the restricted contact between cryptographers and foreign visitors, and NSA review of material to be presented at open meetings have all provoked conflict between the academic and government cryptography communities. One result of such conflicts (not only in the area of cryptography)
From page 417...
... Interpretations vary about the extent to which this proposal reflected a power struggle between NSA and NSF; ultimately, a decision at the White House level determined that both agencies would continue to fund cryptographic research.10 E.3 COMMERCIAL CRYPTOGRAPHY Growing interest and technical capabilities in cryptography within commercial communities brought cryptography policy into public debate in the 1970s.11 The spark that began much of this debate was the National Bureau of Standards (NBS) 1975 proposal for a new cryptographic technology standard required for government use -- and recommended for commercial use -- outside classified (military and intelligence)
From page 418...
... This controversy was one factor that motivated passage of the 1987 Computer Security Act, which placed responsibility for standards development and product evaluation for nonclassified applications in the National Institute of Standards and Technology (NIST) , the renamed NBS.
From page 419...
... 143. 17Memorandum of Understanding Between the Director of the National Institute of Standards and Technology and the Director of the National Security Agency Concerning the Implementation of Public Law 100-235; reprinted in OTA, Information Security and Privacy in Network Environments, 1994, p.
From page 420...
... On September 6-7, 1995, NIST sponsored a workshop to discuss draft criteria under which software products with escrow features for authorized third-party access to keys could receive expedited export licensing review on the Commerce Control List, as opposed to the U.S. Munitions List.


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