Article Abstract:
The US government cannot justify regulation of private data encryption technology based on claims that encrypted messages are not speech or on claims that it is speech but is exempt from First Amendment protection. Encrypted data is speech just as expression in a foreign language is speech, and access to encryption may affect individuals' willingness to engage in speech. Regulation of encryption, assuming it is speech, is a form of prior restraint that cannot be justified. The marketplace should be allowed to make encryption technology available to the public.
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Article Abstract:
Most countries in 1998 have adopted permissive policies regarding private citizens' development and use of encryption technologies but these policies could become more restrictive. The US along with international intelligence agencies seek the implementation of international encryption key management infrastructures. Human rights and civil liberties organization members have reason to work against such changes since they often experience electronic surveillance from governmental entities. A survey of countries' data encryption laws are included.
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Article Abstract:
The authors present the text of a proposed code of professional responsibility for electronic commerce certification authorities. The code would supplement existing laws that set standards for international computer-based transactions. A commentary is included.
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