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Date: 1999-11-20
Drogen, Terror & Krypto im UK-.-. --.- -.-. --.- -.-. --.- -.-. --.- -.-. --.- -.-. --.- Die zweifellos dümmste aller anzunehmenden Passagen aus der Aussendung des britischen Departments of Trade and Industry zu der im Moment entschärften E-Commerce-Bill [siehe unten]. Als Ausdruck dafür, was für ein Geist durch anscheinend alle sozialdemo/kratisch regierte Innenministerien Europas weht, sprach Home Office Minister Charles Clarke folgende Worte für eine Nachwelt, die hoffentlich einmal mehr darüber lachen wird, als unsere Generation: "Encryption is a double-edged sword - both vital to the e- commerce revolution and at the same time a deadly weapon in the hands of criminals. Paedophiles, drug traffickers and terrorists are already using encryption to try and evade justice. This cannot be allowed to continue." related Story http://archiv.quintessenz.at/archiv/msg00917.html -.-. --.- -.-. --.- -.-. --.- -.-. --.- -.-. --.- -.-. --.- DTI Press Release P/99/938 19 November 1999 ERA OF ELECTRONIC SIGNATURES DAWNS - HEWITT The Government today published The Electronic Communications Bill to promote electronic commerce in the UK in the 21st century. The Bill forms an important part of the Government's policy to develop the UK as the best environment world-wide in which to trade electronically. Microsoft have called the Bill 'the model for Europe'. Ms Hewitt said: "This historic Bill will help make the UK the best place in the world to do electronic business. Britain led the world in the first industrial revolution. Now we are determined to be winners in the new knowledge economy revolution. This Government is creating the conditions in which UK businesses can thrive and where the UK becomes first choice for investors. "Many of our laws are hundreds of years old. They were written for the days of pen and paper. Today's businesses operate with e-mail and digital signatures. We must modernise our laws if we are to compete in the electronic market-place. "We are determined to get e-commerce law right and get it in fast. That is why we are introducing this Bill in the same week as the Queen's Speech. We are on course to meet our original target for Royal Assent by April 2000 making this one of the UK's first 21st century laws." Under the legislation: electronic signatures will be given explicit legal recognition by the courts for the first time, giving people a secure electronic alternative to paper; obstacles in existing laws which insist on the use of paper will be swept away wherever it makes sense to give people the electronic option; a 'kitemarked' self-regulatory approvals scheme will be established to ensure minimum standards of quality and service. People will be able to check who has sent an electronic message, ensure it has not been tampered with and that no-one else has read it on the way (see Note to Editors 1); if the self-regulatory scheme works, there will be no need to set up a statutory scheme. Only if self-regulation failed would the Government establish a statutory scheme which would also still be voluntary. This part of the Bill will be subject to a 'Sunset Clause'. If a statutory scheme has not been set up within five years then the Government's power to set one up would lapse. Following two extensive consultations on the draft Bill with business and the IT industry the Government also announced that: mandatory key escrow has been explicitly ruled out in the Bill (See Note 2); important law enforcement powers have been moved from this Bill to the Home Office 'Investigatory Powers Bill' to be debated alongside a comprehensive updating of similar legislation. Home Office Minister Charles Clarke said: "Encryption is a double-edged sword - both vital to the e- commerce revolution and at the same time a deadly weapon in the hands of criminals. Paedophiles, drug traffickers and terrorists are already using encryption to try and evade justice. This cannot be allowed to continue. As encryption becomes more readily available and easier to use, the need to modernise police powers to enable them to read the material they can already lawfully get access to becomes ever more urgent. "That is why the Government will provide law enforcement agencies with new powers to access decryption keys and the plain text of lawfully obtained material under properly authorised procedures containing strong safeguards. We have listened and reflected on how best to update the statute book and have decided to take the measure forward this session in the Investigatory Powers Bill instead of the Electronic Communications Bill." People who welcomed the Electronic Communications Bill include: Karen Thomson, Managing Director AOL UK who said: "AOL continually strives to make it simpler and more secure for our members to shop online. By giving legal recognition to electronic signatures, the e-commerce bill provides us with additional scope to enhance member confidence in the medium." John Browning, co-founder of First Tuesday, Europe's leading meeting place for people, money and ideas in new media and e- commerce who said: "Trust is the ultimate basis of business success. So creating a regulatory environment that makes the electronic realm at least as consistent, predictable and trustworthy as the physical one is the most important thing Government can do to promote the new generation of internet entrepreneurs transforming Britain's economy - and the world's." Carl Symon, Chief Executive Officer of IBM United Kingdom Limited, who said: "IBM welcomes the introduction of this important measure and we hope that it will become law very early in the new Millennium. It is clear from the Bill's text that the Government has listened very closely to what industry has had to say. "We are delighted in particular that ministers support an industry-led approach to developing trust in emerging technologies and services. It's now down to UK industry to take forward this initiative not only to meet e-commerce requirements in the UK but also to serve as a model for other countries in Europe and world-wide." David Svendsen, Chairman of Microsoft Ltd, who said: "With the publication today of the Bill, which provides a model for the rest of Europe to follow, we are sending a signal to UK and European businesses that Britain can become one of the best places in the world to do electronic business in the next millennium." Keith Todd, Chief Executive of ICL, who said: "This is good news. The separation of the legitimate commerce issues from the law enforcement one is particularly welcome because it shows that Government is listening to what Industry wants. "We in ICL are contributing to the Alliance for Electronic Business in the development of the self regulatory scheme which we understand will satisfy all the needs of Part 1 of the Bill. This new sense of partnership between Industry and Government will make the UK a great place for electronic commerce." Keith Chapple, Managing Director Intel UK, who said: "We are delighted that government has confirmed in the Bill that key- escrow is off the agenda and is focusing on the real issue of legal recognition of electronic signatures which will give a vital boost to business and consumer confidence and promote the growth of electronic business in the UK." The Bill also includes powers to modernise procedures to modify telecommunications licences. Existing procedures were originally designed for a small number of licence-holders and have become cumbersome and unwieldy now that there are hundreds of licence- holders. The procedures will be streamlined following further consultation with the industry making it easier to adapt licences to changing market conditions. Notes to Editors 1. The Government is working with the Alliance for Electronic Business on a non-statutory, self-regulatory scheme known as the 'T- Scheme'. Good progress is being made and Government will make further announcements during the passage of the Bill. 2. Mandatory key escrow would have required people wanting to keep their e-mails confidential to deposit copies of their 'electronic keys' with third parties to help law enforcement in case criminal activity was suspected. The Government rejected this policy earlier this year because it would have imposed unfair burdens on law abiding citizens but it would have been able for criminals to evade. Now mandatory key escrow has been ruled out explicitly in the Bill. 3. The Bill is available on the Houses of Parliament website at: http://www.parliament.the-stationery- office.co.uk/pa/pabills.htm 4. The DTI has published a summary of responses to the consultation on the draft Bill launched on 23 July. The summary is available on the DTI website: http://www.dti.gov.uk/cii/elec/billsumm.html -.-. --.- -.-. --.- -.-. --.- -.-. --.- -.-. --.- -.-. --.- relayed by Yaman Akdeniz lawya@cyber-rights.org -.- -.-. --.- -.-. --.- -.-. --.- -.-. --.- -.-. --.- -.-. --.- -.-. --.- - -.-. --.- -.-. --.- -.-. --.- -.-. --.- -.-. --.- -.-. --.- edited by published on: 1999-11-20 comments to office@quintessenz.at subscribe Newsletter - -.-. --.- -.-. --.- -.-. --.- -.-. --.- -.-. --.- -.-. --.- 
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