A requirement is established in the United States which requires that all non-government encryption be `certified' by the U.S. government. Non-certified encryption is banned. [Paraprhasing Brock Meeks], the claim is YES if the following three-point plan is put into effect: 1. The government would "certifiy" one or more so-called "Commercial Key-Escrow" programs. These are similar in design to the government's Clipper Chip, but industry would hold the keys and some of these systems might not be classified, as is the software underlying Clipper. However, the companies producing such "certified" programs could claim trade secrets, not allowing the public access the underlying programs. 2. The government lifts export controls on all "certified" encryption programs. Currently, it's against the law to export encryption programs, as they are controlled by the State Department under the same classification as munitions. 3. The use of government certified encryption is made a federal mandate. By virtue of being a federal mandate, it becomes illegal to use private encryption schemes which have not passed the "certification" test. The claim pays $0.25 for each of the three subclaims with a $0.25 premium paid for all three. To be said to occur a law, regulation or rule (any of which carry the force of law but differ in their proposal and ratification procedures) must be established that matches the conditions (1), (2) or (3). Background: • Encrypt At Your Own Risk, dated May 12, 1995 • Cyberwire Dispatch
This claim presents some judging and interpretation difficulties, largely due to its origin as a paraphrase of a journalist's speculations, which contain certain ambiguiities and technical inaccuracies. It also poses some technical problems because of the partial interdependency of the sub-claims, and some limitations on how partial payouts can be made.
The judge will judge this claim in a manner that best preserves the overall intent of the claim (and each sub-claim), as analyzed below, and will resolve ambiguities so as to best carry out the principles of FX and the reasonable expectations of participants in the FX market.
As of the writing of this judge's statement, a number of proposals have been made in the 105th Congress that would materially affect the result of this claim. Three such proposals known to the judge are:
The judge will monitor these and any other relevant legislative proposals through use of the Thomas Congressional information system, as well as the popular press and Web pages of concerned organizations, such as the Encryption Policy Resource Page.