Key Escrow Issues Meeting, September 6-7, 1995 Discussion Paper #3   Export Criteria Discussion Draft -- 64-bit Software Key Escrow Encryption   As discussed at the SPA/AEA meeting on August 17, 1995, the Administration is willing to allow the export of software encryption provided that the products use algorithms with key space that does not exceed 64 bits and the key(s) required to decrypt messages/files are escrowed with approved escrow agents. On the same date, the September 6-7 key escrow issues meeting at NIST was also announced. The two principal topics at the meeting will be: discussion of issues of exportability of 64-bit software key escrow encryption and 2) desirable characteristics for key escrow agents.   In order to help make most productive use of the limited time available at the upcoming meeting and to better focus deliberation, the following criteria are being distributed for discussion purposes. Since it is important that final criteria be clear, straightforward, consistent, and implementable, please review these draft criteria and be prepared to discuss how they may be refined and made more specific.   --- Draft Export Criteria --- for Software Key Escrow Encryption   Software key escrow encryption products meeting the following criteria will be granted special export licensing treatment similar to that afforded other mass-market software products with encryption.   1. The product will use an unclassified encryption algorithm (e.g., DES, RC4) with a key length not to exceed 64 bits.   2. The product shall be designed to prevent multiple encryption (e.g., triple-DES).   3. The key required to decrypt each message or file shall be accessible through a key escrow mechanism in the product, and such keys will be escrowed during manufacture in accordance with #10. If such keys are not escrowed during manufacture, the product shall be inoperable until the key is escrowed in accordance with #10.   4. The key escrow mechanism shall be designed to include with each encrypted message or file, in a format accessible by authorized entities, the identity of the key escrow agent(s), and information sufficient for the escrow agent(s) to identify the key or key components required to decrypt that message.   5. The product shall be resistant to any alteration that would disable or circumvent the key escrow mechanism, to include being designed so that the key escrow mechanism cannot be disabled by a static patch, (i.e., the replacement of a block of code by a modified block).   6. The product shall not decrypt messages or files encrypted by non-escrowed products, including products whose key escrow mechanisms have been altered or disabled.   7. The key escrow mechanism allows access to a user's encrypted information regardless of whether that user is the sender or the intended recipient of the encrypted information.   8. The key escrow mechanism shall not require repeated involvement by the escrow agents for the recovery of multiple decryption keys during the period of authorized access.   9. In the event any such product is or may be available in the United States, each production copy of the software shall either have a unique key required for decrypting messages or files that is escrowed in accordance with #10, or have the capability for its escrow mechanism to be rekeyed and any new key to be escrowed in accordance with #10.     10. The product shall accept escrow of its key(s) only with escrow agents certified by the U.S. Government or by foreign governments with which the U.S. Government has formal agreements consistent with U.S. law enforcement and national security requirements.   Note: Software products incorporating additional encryption methods other than key escrow encryption methods will be evaluated for export on the basis of each encryption method included, as is already the case with existing products. Accordingly, these criteria apply only to the key escrow encryption method incorporated by a software product, and not to other non-escrowed encryption methods it may incorporate. For instance, non-escrowed encryption using a key length of 40 bits or less will continue to be exportable under existing export regulations.  

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