<div dir="ltr"><br><div class="gmail_extra"><br><div class="gmail_quote">On Mon, Jan 4, 2016 at 1:45 PM, Henry Baker <span dir="ltr"><<a href="mailto:hbaker1@pipeline.com" target="_blank">hbaker1@pipeline.com</a>></span> wrote:<br><blockquote class="gmail_quote" style="margin:0px 0px 0px 0.8ex;border-left-width:1px;border-left-color:rgb(204,204,204);border-left-style:solid;padding-left:1ex">FYI -- I don't speak Dutch, and I couldn't even open the .docx file posted by the Dutch govt.<br>
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If someone here speaks Dutch, perhaps they can comment on what it says.<br>
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Alternatively, if someone could just post the ascii text, and I'll see what Google Translate can do!<br></blockquote><div><br>Here is Google's Translation.</div><pre style="color:rgb(0,0,0);word-wrap:break-word;white-space:pre-wrap">=====
Government position Encryption
We hereby send you the government's position to about encryption. It responds to the commitments made during the AO Telecom Council of June 10, 2015 (TK 2014-2015, 21501-33, no. 552) and AO JHA Council on October 7th, 2015.
Introduction
Encryption, also known as encryption, it is easy to obtain, and increasingly to use, and thus makes more and more a part of the regular data traffic. By the government, businesses and citizens are increasingly used encryption to protect the confidentiality and integrity of their communications and stored data. This is important for the confidence of people in digital products and services and for the Dutch economy in light of the rapidly evolving digital society. At the same encryption is a barrier to obtaining information necessary for investigation, intelligence and security services when attackers (including criminals and terrorists) being involved. The recent attacks in Paris, where possible use is made of encryption of the communication by the terrorists, leading to the justified question what is needed for investigation, intelligence and security services to provide good visibility and allow keep on attack planning.
To the duality described in the previous paragraph was also heard in the public debate in recent months about the dilemmas € ™ s around the use of encryption. Also, the House has spoken on this subject. During the AO Telecom Council was asked what will the government do to stimulate strong encryption. In addition, from the House of Representatives asked to come up with a cabinet position around encryption.
After that discusses the importance of encryption for the system and information from the government and companies, and for the constitutional protection of privacy and the confidentiality of communications. In addition, the importance of detection of serious crime and protect national security outlined. Finally came after weighing the interests to a conclusion.
The Dutch situation can hereby not be seen in isolation from the international context. Strong encryption software is available worldwide increasingly or already integrated in products or services. Given the wide availability and use of advanced encryption techniques and the transnational nature of the data traffic the prospects for action at national level is limited.
Importance of encryption for the government, businesses and citizens
Cryptography is a key technical security in the digital domain. Many cyber security measures in organizations rely heavily on the use of encryption. The secure storage of passwords, to protect against loss or theft of laptops and secure storage of backups have been difficult without the use of encryption. The protection of data transmitted over the internet, internet banking for example, is only possible by using encryption. Because of the interconnectedness of systems worldwide ramifications and different routes that can make communication, the risk of interception, breach, inspection or modification of information and communication always present.
The government increasingly digitally communicates with citizens and providing services involving sensitive data, such as the use of DigiD or doing tax returns. As stated in the coalition agreement must be able to fully digital control their public affairs from 2017 citizens and businesses. The government will have a duty to ensure that these data are protected against perusal by third parties; Encryption management is vital. The protection of communication within the government is dependent on encryption as the security of diplomatic communications and military communications.
For companies, encryption is essential to keep business information safe and send. The use of encryption strengthens the international competitiveness of the Netherlands and contributes to an attractive business and innovation environment to include startups, data centers and cloud computing. Confidence in secure communication and data storage is essential for the (future) growth potential of the Dutch economy, which is mainly in the digital economy.
Encryption supports the respect of privacy and the confidentiality of communications with citizens because it provides them a means to protect the confidentiality and integrity of personal data and communications. This is also important for the exercise of freedom of expression. Example, it enables citizens but also professionals with an important democratic function as journalists, be able to communicate confidentially.
Encryption therefore proposes all concerned to ensure the confidentiality and integrity of communications and to protect themselves better against eg espionage and cyber crime. These are fundamental rights and freedoms, security and economic interests stand to benefit.
Encryption and opsporingsâ € "intelligence and security
The competences and resources that the services at their disposal, must be equipped on the current and future digital reality. With effective, legitimate access to data encourage investigation, intelligence and security, the security of the digital and the physical world. Encryption is where it is used by malicious hinder the investigation, intelligence and security in accessing that data. For example, they experience these obstacles when doing research on the distribution and storage of child pornography, in support of military missions abroad, countering cyber attacks or when they want to gain visibility and keep on planning of attacks by terrorists. Criminals, terrorists and opponents in armed conflict are often aware that they at some point the attention of the authorities to take and now also have access to sophisticated encryption methods to avoid difficult or break. The use of such methods requires little technical knowledge, as encryption is often an integral part of the Internet services of which they can also make use of. This makes it difficult, slow, or makes it impossible (in time) to gain insight into the communication for the purpose of safeguarding national security and the investigation of criminal offenses. The research may also hearing and the evidence for a conviction to be impeded.
The right to respect for privacy and the confidentiality of communications with citizens
Applying encryption to help citizens as noted earlier, in securing the privacy and confidentiality of their communications. The above-mentioned legitimate access to data and communications through investigation, intelligence and security services constitutes an infringement of the confidential communications of citizens.
Confidentiality of communication affects the constitutionally regulated respect for privacy and the right to protection of privacy of correspondence, telephone and telegraph (hereinafter â € ~It communicatiegeheimâ € ™). These rights are enshrined respectively in Article 10 and Article 13 of the Constitution. In addition, these fundamental rights enshrined in Article 8 ECHR and Articles 7 and 8 EU Charter (as far as EU law is hit).
The protection of fundamental rights is applicable to the digital world. The aforementioned grondrechtelijke- and provisions of international law together provide the framework to counter illegal infringements. The rights are not absolute, which means that restrictions are permitted provided they meet the requirements of the Constitution and the ECHR (and as far as EU law is concerned, the EU Charter) set. An infringement is permissible if it serves a legitimate purpose, is regulated by law and the limitation is foreseeable and known. In addition to the restriction must be necessary in a democratic society. Finally, it should be proportional to the infringement, ie the government objective must be proportionate in relation to the infringement of privacy and / or confidentiality of communications.
These requirements provide the framework within which the decision can be made between the interests at stake in encryption, such as the right to privacy and the confidentiality of communications, public and national security and preventing criminal offenses. Preceding assessment framework is to the extent that the special powers of the intelligence and security concerns, moreover, enshrined in the Law on Intelligence and Security 2002 (Articles 18 and 31 of the Wiv 2002). The cooperation obligations decryption included in the Wiv (Articles 24, paragraph and 25, the seventh member of the ISS Act 2002) and the CCP (Article 126m, sixth paragraph, of the CCP) can be invoked if the associated special powers are exercised after a consideration in the above sense.
Balancing and Conclusion
Breaking the encryption is present in fewer cases. Additionally, the ability to recover data in unencrypted form to a service provider, less often available. Increasingly, in modern applications of encryption, the data still in an encrypted form only processed by service providers. Given the importance of the investigation and prosecution of criminal offenses and the interests involved in national security, require these developments to look for new solutions.
At present, there is no insight into ways in general, for example through standards, weaken encryption products without thereby the safety of digital systems that use encryption to compromise. For example, by introducing a technical input into an encryption product that can be seen for the prosecution authorities would allow encrypted files in digital systems can be vulnerable to eg criminals, terrorists and foreign intelligence services. This could have undesirable consequences for the security of information communicated and stored, and the integrity of ICT systems, which are increasingly of importance for the functioning of the society.
In carrying out their statutory duties are the investigation, intelligence and security services depends in part on collaboration with suppliers of ICT products and services. Given this dependence, requires consultation with service providers on effective provision of data to use their services by malicious, respecting everyone's role and responsibilities and legal frameworks.
Given the above considerations, we arrive at the following conclusion:
The government's role is to ensure the safety of the Netherlands and the offenses to detect. The Cabinet stressed the need for legitimate access to data and communications. In addition, governments, businesses and citizens benefit from maximum security of the digital systems. The government recognizes the importance of strong encryption for Internet security, to support the protection of the privacy of citizens, for confidential communication of the government and companies, and for the Dutch economy.
Therefore, the government believes that it is currently not appropriate to adopt restrictive legal measures against the development, availability and use of encryption within the Netherlands. In the international context, the Netherlands will this conclusion and the considerations upon which propagate based. Regarding encouraging strong encryption will give the Minister of Economic Affairs to follow the intent of the amendment (TK 2015-2016, 34 300 XIII, 10) on the budget of the Ministry of Economic Affairs.
Minister of Security and Justice, Minister for the Economy
Business,
GA Van der Steur HGJ Kamp
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<a href="http://www.theregister.co.uk/2016/01/04/dutch_government_says_no_to_backdoors/" rel="noreferrer" target="_blank">http://www.theregister.co.uk/2016/01/04/dutch_government_says_no_to_backdoors/</a></blockquote><div> </div><blockquote class="gmail_quote" style="margin:0px 0px 0px 0.8ex;border-left-width:1px;border-left-color:rgb(204,204,204);border-left-style:solid;padding-left:1ex"><br></blockquote></div><br clear="all"><div><br></div>-- <br><div class="gmail_signature"><div dir="ltr"> T o m M i t c h e l l</div></div>
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