[8397] in cryptography@c2.net mail archive
Where John Ashcroft stands on technology and encryption
daemon@ATHENA.MIT.EDU (Declan McCullagh)
Mon Jan 8 14:50:32 2001
Date: Fri, 5 Jan 2001 15:19:01 -0500
From: Declan McCullagh <lists@politechbot.com>
To: cryptography@c2.net
Message-ID: <20010105151901.B32509@cluebot.com>
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http://www.wired.com/news/politics/0,1283,41008,00.html
Top Cop Arrives With Mixed Bag
by Declan McCullagh (declan@wired.com)
2:00 a.m. Jan. 5, 2001 PST
For liberal Democrats, John Ashcroft is a maddening symbol of
everything wrong with a George W. Bush presidency -- from the former
senator's staunch opposition to abortion to his alleged insensitivity
regarding race.
To conservatives, Bush's nominee for attorney general represents
precisely the opposite extreme: A respected leader who will restore
integrity to a Justice Department brought low by the Clinton
administration. Ashcroft opposes background checks at gun shows,
supports increased penalties for drug offenses and would not prohibit
discrimination based on sexual orientation.
On technology issues, Ashcroft's record as a Missouri governor and
senator is mixed. He seems genuinely to believe in privacy rights and
economic liberty, and has taken a moderate position on intellectual
property and fair-use rights.
But free-speech groups already are girding themselves for the legal
equivalent of trench warfare, predicting that newly emboldened
Department of Justice prosecutors will launch an assault on sexually
explicit material online. And Microsoft foes fret that the antitrust
division's commitment to the high-profile antitrust case may wane.
On one point everyone can agree: More than any other Cabinet member,
the next attorney general will be in a position to make crucial
decisions with far-reaching effects on antitrust enforcement, privacy
protections and free speech rights.
"An Ashcroft DOJ could be a decidedly mixed bag for the high-tech
sector since he will be engaged in a constant balancing act on most
industry issues," says Adam Thierer, an analyst at the free-market
Cato Institute who's well connected in Republican technology circles.
"While Ashcroft has a very strong record of support for loosening
encryption controls, he may be faced with pressure from GOP
law-and-order types to moderate his views on this and also be willing
to continue, or even expand FBI efforts like Carnivore," Thierer said.
Make that a near certainty. It's a fair bet that pro-law enforcement
conservatives in the mold of wiretap-happy Rep. Bill McCollum of
Florida, who unsuccessfully ran for the state's open Senate seat, will
view a Republican DOJ as an opportunity to expand government
surveillance and wiretapping powers.
Liberal Democrats have vowed opposition to Ashcroft's nomination --
People for the American Way even assembled a detailed criticism of the
nominee -- but privately confide that they don't expect to
successfully block his confirmation by the Senate.
Wiretapping and Carnivore:
Under Attorney General Janet Reno, a DOJ panel has reviewed the FBI's
controversial Carnivore surveillance system and extended a tentative
blessing. But critics panned the review board as uniformly
pro-government, as first reported by Wired News, and independent
researchers refused to participate in the process.
Ashcroft is the former two-term attorney general and two-term governor
of Missouri. During his time there, he cemented his reputation as a
solid conservative eager to lower taxes and build new prisons.
[...]
Encryption:
More than almost any other senator, Ashcroft has been a foe of the
Clinton administration's restrictions on encryption products. He
convened at least one key hearing on the subject and consistently took
a pro-privacy point of view.
Under federal law, a president has the power to levy export
restrictions punishable by fines and jail time. The Clinton
administration recently relaxed the regulations, against DOJ and FBI
opposition, but did not remove them.
The attorney general has no direct authority over encryption
regulations, but the DOJ under Reno has lobbied Congress for more
stringent controls, and is a key participant in administration
decisions on the topic. Also, Ashcroft's position on encryption could
indicate how he views broader privacy matters.
"The great thing about working for him is he truly understands
technology," says Bartlett Cleland, a former Ashcroft aide who is now
a vice president at the Information Technology Association of America.
"I'd rather have someone there who's thoughtful and considerate rather
than a knee-jerk person."
"John has a record in the Senate that says he stood up very strongly
on encryption, including holding hearings and defending the Fourth
Amendment against Louis Freeh," Cleland says.
Lisa Dean, vice president of the conservative Free Congress
Foundation, said in a statement on Thursday: "Privacy was always a top
concern and as a result, (Ashcroft) did a lot of good for the country
and the protection of our liberties as senator. I can only imagine
that as AG, the service he would provide will be tenfold."
As a senator, Ashcroft introduced the unsuccessful "E-Privacy" bill to
liberalize -- although not remove -- export controls on encryption
products. At the time, Dean's group and others complained that "we
cannot support E-Privacy as presently drafted" and urged him to revise
the measure.
Ashcroft's general support of encryption could be explained by simple
politics: The White House backed the rules, so Republicans were able
to attack Clinton while showing their support for Silicon Valley by
criticizing them.
But two years ago, back when the debate was fierce, Ashcroft seemed so
taken by the issue it seems likely he's sincere. In a statement posted
on his Senate website -- now removed due to his loss in the election,
he said: "The availability of proper encryption software would
guarantee the freedom of individual citizens to carry out their
personal commerce and communication."
Intellectual Property:
When it comes to intellectual property, Ashcroft can best be described
as a pragmatist, or perhaps a moderate. His Senate record shows he's
not beholden to Hollywood, but neither was he a fast friend of geeks
and open-source developers.
[...]
Remainder at:
http://www.wired.com/news/politics/0,1283,41008,00.html
