Dutch Crypto Ban Proposal -- from Hollandvia EFF

[David Farber <farber@central.cis.upenn.edu>]

From: W.H.Sonnemans@kub.nl
Date: 20 Apr 94 17:34:19 MET


At last i have got the Dutch proposal plus commentary online.
I have not had the time to translate it.


The essence of the Proposal is a ban on the use, ownership and
sale of encryption methods.


Not all methods are banned though. Encryption methods that are not
suited to encrypt messages are excempted, so are systems that are
are weak. Everyone who wants to use encryption has to apply for
a license, one of the conditions of this licensing scheme is
revealing all information on the system (algorithm, key) to one
special agency which should work as a trusted third party.
Anyone applying must have a " justifiable reason " for wanting to use
it. They want to fight the use of encryption mainly by banning the
trade in banned systems. One remark in commentaries really blew my
mind (loosely translated): Whenever anyone posts an encryption method
on for example the Internet that is banned in Holland. And somebody
in Holland downloads the method, the poster or system operator of the
system on which the method is posted can be prosecuted under Dutch
Law. Can you imagine a system operator from New York on holiday in
Holland being arrested for the posting of a encryption method freely
avaible everywhere ? This "extension" of Dutch jurisdiction is
absurd, but this example is typical of the lack of foresight and
expertise of it's creators. They do realise that you must deal with
the problem internationally and express the hope that within the EEC
an agreement will arise which would make the "extension" a Dutch
Jurisdiction not neccesary.


As i  have not had the time to study the proposal in detail this
article should be treated as a first comment.




As i said it's just a pre proposal and it is rumoured that they
are revising it as we speak.


[...]


                              With Regards,


                                               Wim Sonnemans
                                               Tilbury University


____ end fwd _____


The full text of the proposal and commentary as scanned by Wim is available
*in Dutch* as:


ftp.eff.org, /pub/EFF/Legislation/Foreign_and_local/Netherlands/
      nl_crypto.proposal
gopher.eff.org, 1/EFF/Legislation/Foreign_and_local/Netherlands,
      nl_crypto.proposal
gopher://gopher.eff.org/11/EFF/Legislation/Foreign_and_local/Netherlands,
      nl_crypto.proposal
file://www.eff.org/pub/EFF/Legislation/Foreign_and_local/Netherlands/
      nl_crypto.proposal


The English translation if/when available will be in the same .../Netherlands
directory.