[Redistributed with permission] From: KALLISTE@delphi.com (J. Orlin Grabbe) Date: Fri, 17 Feb 1995 02:52:41 -0500 (EST) Subject: The End of Ordinary Money **************************************************** * The End of Ordinary Money is copyrighted 1995 by * * J. Orlin Grabbe, 1280 Terminal Way #3, Reno, NV * * 89502. * **************************************************** THE END OF ORDINARY MONEY by J. Orlin Grabbe =09Late one night while sharing a=20 pharmacological product with a spook I met in the=20 northeastern part of the United States, I mentioned I=20 was studying cryptology. =20 =09"Cryptology is the *future*," he responded=20 emphatically. "It's what's going to protect us from=20 Big Brother." =20 =09Since he worked for the National Security=20 Agency (NSA), the thought did occur to me that=20 many would have taken the position that he and his=20 colleagues *were* Big Brother. But I had learned=20 years ago not to demonize people on the basis of an=20 accidental profession. After all, if an ex-CIA=20 employee like Kerry Thornley could become a=20 staunch libertarian, the creator of Zenarchy and=20 implied co-author of the Erisian holy book=20 Principia Discordia [1], then there was hope for all=20 of us. I additionally believed that one of our best=20 defenses against the national security state was the=20 perennial proclivity of clandestine organizations to=20 piss off their own employees [2]. =09At any rate, the spook spoke the truth:=20 cryptology represents the future of privacy, and=20 more. By implication cryptology also represents the=20 future of money, and the future of banking and=20 finance. (By "money" I mean the medium of=20 exchange, the institutional mechanisms for making=20 transactions, whether by cash, check, debit card or=20 other electronic transfer.) Given the choice between=20 intersecting with a monetary system that leaves a=20 detailed electronic trail of all one's financial=20 activities, and a parallel system that ensures=20 anonymity and privacy, people will opt for the=20 latter. Moreover, they will *demand* the latter,=20 because the current monetary system is being turned=20 into the principal instrument of surveillance and=20 control by tyrannical elements in Western=20 governments. =20 =09These elements all want to know where your=20 money comes from, and when and how you spend=20 it. After all, you might be a terrorist, drug dealer,=20 or spy. And if you try to hide your transactions, you=20 are by definition a money launderer and perhaps a=20 child pornographer. =20 =09Say what? To understand this quaint=20 accusatorial juxtaposition, one only has to grasp a=20 few simple facts: Money is digital information. =20 The way to hide digital information is through=20 cryptography. The government doesn't want you=20 using cryptography, because they want to know=20 where your money is so they can get some of it. =20 And they don't like you using drugs, unless the=20 government is the dealer [3], or viewing child=20 pornography, unless the government supplies it=20 because it is setting you up for blackmail or a smear=20 campaign [4]. =09Okay, I'll admit it. I like privacy (I often=20 send mail inside sealed envelopes, and sometimes=20 close the door when I go to the bathroom), take=20 drugs (nothing like a cup of expresso in the=20 morning), and don't like to pay taxes (but doesn't=20 H&R Block make a living off this same popular=20 sentiment?). I don't know much about child=20 pornography, but a friend of a friend is said to have=20 a distant cousin who swears he keeps several=20 hundred gigabytes of encrypted pictures of naked=20 children stored in NSA computers at Ft. Mead. ("No=20 one breaks in there," the cousin supposedly brags.)=20 [5] =09This is serious stuff. Consider the following=20 items as pieces of an overall mosaic, whose ultimate=20 meaning will become even more obscure as we=20 proceed. =09* Cryptography software is classified as=20 munitions, and its export is restricted by the State=20 Department. The International Traffic in Arms=20 Regulations (ITAR) defines "encryption software"=20 to include not only computer programs designed to=20 protect the privacy of information, but all of the=20 technical data about those programs. ITAR=20 restrictions continue to be enforced, even though the=20 Justice Department originally found them=20 unconstitutional [6]. Mail a copy of your new=20 encryption program to a friend in Italy, and-- presto!--you are subject to prosecution as an=20 international arms dealer. (It is not, however, illegal=20 to export your program to outer space, or to deliver=20 it to your friend by rocket, since a "launch vehicle=20 or payload shall not, by the launching of such=20 vehicle, be considered export for the purposes of=20 this subchapter" (120.10).) =09* Steward Baker, Chief Counsel for NSA,=20 points out how the spread of cryptology plays into=20 the hands of pedophiles: "Take for example the=20 campaign to distribute PGP ('Pretty Good Privacy')=20 encryption on the Internet. Some argue that=20 widespread availability of this encryption will help=20 Latvian freedom fighters today and American=20 freedom fighters tomorrow. Well, not quite. Rather,=20 one of the earliest users of PGP was a high-tech=20 pedophile in Santa Clara, California. He used PGP=20 to encrypt files that, police suspect, include a diary=20 of his contacts with susceptible young boys using=20 computer bulletin boards all over the country. 'What=20 really bothers me,' says Detective Brian Kennedy of=20 the Sacramento, California, Sheriff's Department, 'is=20 that there could be kids out there who need help=20 badly, but thanks to this encryption, we'll never=20 reach them' " [7] . =09Which does lead to a few questions. Since=20 the NSA is the largest user of encryption software in=20 the world, does that mean NSA is rife with=20 pedophiles? Are police *suspicions* to be taken as=20 convincing evidence? And what if this alleged=20 pedophile had never kept notes in the first place? =20 But never mind. What really bothers me is that there=20 could be kids out there who need help badly, but=20 thanks to sloppy records, extended ignorance, and=20 appeals to national security, we'll never reach them.=20 =09The NSA Chief Counsel also noted, as he=20 had in previous speeches, ". . . it's the proponents of=20 widespread unbreakable encryption who want to=20 create a brave new world, one in which all of us-- crooks included--have a guarantee that the=20 government can't tap our phones." Which caused=20 one observer, Bruce Sterling, to remark, "As a=20 professional science fiction writer I remember being=20 immediately struck by the deep conviction that there=20 was plenty of Brave New World to go around" [8].=20 =09* Georgetown University cryptologist=20 Dorthy Denning reminds us that "Because =20 encryption can make communications immune from=20 lawful interception, it threatens a key law=20 enforcement tool. The proliferation of high quality,=20 portable, easy-to-use, and affordable encryption=20 could be harmful to society if law enforcement does=20 not have the means to decrypt lawfully intercepted=20 communications. Although encryption of stored=20 files is also of concern, 99% of the issue is=20 telephone communications (voice, fax, and data)"=20 [9]. =20 =09 =09The reason for this is all those people on the=20 phone dealing drugs. "Almost two thirds of all=20 court orders for electronic surveillance are used to=20 fight the war on drugs, and electronic surveillance=20 has been critical in identifying and then dismantling=20 major drug trafficking organizations. In an=20 operation code named 'PIZZA CONNECTION,' an=20 FBI international investigation into the importation=20 and distribution of $1.6 billion worth of heroin by=20 the Sicilian Mafia and La Cosa Nostra resulted in=20 the indictment of 57 high-level drug traffickers in=20 the U.S. and 5 in Italy . . .. The FBI estimates that=20 the war on drugs and its continuing legacy of=20 violent street crime would be substantially, if not=20 totally, lost if law enforcement were to lose its=20 capability for electronic surveillance" [10]. =09In fact, that's supposed to settle the issue=20 right there: "We need such-and-such to fight the=20 war on drugs. Case closed." This argument is used=20 ad nauseam in document after document. Nowhere=20 is the issue raised: Oh yeah? So why are we=20 fighting a war on drugs? Such questions are ruled=20 out, because we're dealing with *needs* here, and=20 needs spew forth their own logic and evolve their=20 own morals. =09* One of governments' biggest needs is to=20 get all that drug money for themselves, the part they=20 don't already have. The U.S. State Department=20 proposes a sort of international spree of =20 government theft: "We must effect greater asset=20 seizures, not just of bank accounts, but also=20 corporate assets and even corporate entities . . . We=20 must be ready to impose appropriate sanctions=20 against banking institutions, as well as bankers . . .=20 The FATF [Financial Task Force] countries, the 12=20 EU [European Union] nations, the EFTA countries,=20 and the majority of the 95 states party to the 1988=20 UN Convention are adopting (if not yet fully=20 implementing) legislation that will ultimately=20 improve individual and collective capabilities." [11] =20 =09Everyone is suspect. You say you want to=20 buy some Portuguese escudos? We better keep our=20 eye on you--you're a potential money launderer. =20 According to the State Department, "Entry in the=20 European monetary system has made the escudo,=20 which became fully convertible in 1993, more=20 attractive to potential money launderers" [12].=20 Hmm. Hey, fellows. With that mentality, you=20 should send some investigators from Foggy Bottom=20 up to 19th Street. You'll find an entire building, an=20 outfit called the International Monetary Fund, which=20 was originally set up to work for currency=20 convertibility. No telling what wicked *potential*=20 money laundering havens they're working on next. =20 =09* The Financial Crimes Enforcement=20 Network (FinCEN) located in Vienna, Virginia, was=20 set up in April 1990 to track money laundering, and=20 given computerized access to data from pretty much=20 everyone--FBI, DEA, Secret Service, Customs=20 Service, Postal Service, CIA, NSA, Defense=20 Intelligence Agency, National Security Council, the=20 State Department's Bureau of Intelligence and=20 Research, and, yes, the IRS (despite denials).=20 FinCEN has a $2.4 million contract with Los=20 Alamos National Laboratory to develop artificial=20 intelligence programs to look for unexplained=20 money flows [13]. FinCEN also proposed a=20 "Deposit Tracking System" (DTS) that would also=20 track deposits to, or withdrawals from, U.S. banks=20 accounts in real time. =09* Now, if you were a drug dealer (or maybe=20 just an average Joe), how would you react to all this=20 unwanted attention? Try to keep a low profile,=20 maybe? Perhaps opt out of the usual banking=20 channels? "During the past two years, analysts saw=20 an increasing use of non-bank financial institutions,=20 especially exchange houses, check cashing services,=20 credit unions, and instruments like postal money=20 orders, cashiers checks, and certificates of deposit=20 (particularly in 'bearer' form), with transactions=20 occurring in an ever longer list of countries and=20 territories" [12]. =09This process whereby money flows through=20 non-traditional banking channels is termed=20 *disintermediation*. Disintermediation happens=20 whenever a government manipulates banking=20 services in such a way to make them less attractive. =20 For example, if bank deposits have an interest rate=20 ceiling of 3 percent, you may elect to pull your=20 money out of bank deposits, and purchase Treasury=20 bills which have no ceiling. In the same way, if the=20 government is looking around in your bank account,=20 perhaps with the idea of seizing it, or seizing you,=20 you may elect not to have a bank account, or at least=20 not one the government knows about. Or you may=20 elect to use non-traditional financial channels which=20 are less likely to be observed. The ultimate end of=20 the process is completely anonymous banking=20 through encrypted digital cash. =20 =09The State Department also notes will alarm=20 that "[drug] traffickers were employing professional=20 money managers." Which does lead one to reflect,=20 whatever is the world coming to? The next thing=20 you know, drug dealers will be shopping at the=20 local grocery store and sending their children to=20 better schools. They'll be mowing their lawns and=20 sprucing up the neighborhood. How could we live=20 in such a society? =09* All this talk of computers has gotten the=20 IRS hot and bothered also. Not in a negative way,=20 mind you. The IRS has become obsessed with the=20 noble goal to save us time by just sending us a bill: =20 "In an effort to catch more tax cheats, the Internal=20 Revenue Service plans to vastly expand the secret=20 computer database of information it keeps on=20 virtually all Americans. . . .'Ultimately, the IRS may=20 obtain enough information to prepare most tax=20 returns,' said Coleta Brueck, the agency's top=20 document processing official. 'If I know what=20 you've made during the year', she said, 'if I know=20 what your withholding is, if I know what your=20 spending pattern is, I should be able to generate for=20 you a tax return...' " [14]. =20 =09We have nothing to fear, apparently, but=20 *fiends who hide their spending patterns*. Well,=20 Coleta, you had better prepare for a flood of data=20 that is spending-pattern impaired, because=20 according to the Crypto Anarchist Manifesto, "Just=20 as the technology of printing altered and reduced=20 the power of medieval guilds and the social power=20 structure, so too will cryptologic methods=20 fundamentally alter the nature of corporations and=20 of government interference in economic=20 transactions" [15].=20 =09How did we come to this state of catch as=20 catch can, and where are we going from here? =20 Perhaps history will give some perspective. Let's=20 start with that big bugaboo--drugs. In article logic,=20 drug prohibition leads to money laundering, which=20 leads to increased surveillance of banking=20 transactions, and heightens interest in anonymity=20 through cryptology. Oh, What a Lovely War! =09In the mid-1990s the United States and other=20 countries were spending a good deal of money on a=20 "war on drugs." What the phrase meant was unclear=20 in a nation where 50 million people used tobacco,=20 over 100 million used alcohol, and virtually=20 everyone used aspirin or an equivalent pain-reliever. =20 But certainly there was a prohibition in using, or=20 dealing in, certain drugs. Naturally these drugs=20 were still available on the black market despite the=20 prohibition. The market supplied the consumption=20 needs not only of the general public, but also of =20 federal prisoners. Thus even if the country were=20 turned into a police state, such drugs would still be=20 available. Given this, what was the purpose or=20 function of the prohibition? The simple economic=20 rationale was this: the war on drugs was a source of=20 profit both to those who dealt in prohibited drugs,=20 and those who conducted the war against them. =09The prohibition of anything is a restriction=20 in supply. Supply restriction drives up the price. In=20 1973-4 the OPEC cartel caused a quick four-fold=20 increase in the price of oil by restricting its supply. =20 It also greatly increased the profit margin on each=20 barrel pumped out of the ground. In a similar way,=20 prohibition of drugs increases their black market=20 price and the potential profit margin from supplying=20 them to the public. But legitimate businessmen are=20 deterred from entering the market. Hence drug=20 prohibition creates a bonanza--high profit margins --only for those willing to deal in prohibited=20 products. Just as alcohol prohibition financed the=20 growth of powerful mobsters like Al Capone earlier=20 in the century, so did prohibition of cocaine finance=20 the growth of powerful production and supply=20 cartels, such as the Cali cartel in Colombia. The=20 U.S. government's prohibition made it possible for=20 them to become rich, and then powerful. =09Because trade in drugs is illegal, contracts=20 cannot be enforced in court. One cannot resort to=20 common or commercial law. Hence contracts are=20 often enforced via the barrel of a gun. And as there=20 is no countervailing authority, those who enforce=20 their contracts with guns may use the same method=20 to simply eliminate competition. Territory is=20 acquired or defended by force. Steven B. Duke, the=20 Law of Science and Technology Professor at Yale=20 University states simply: "The use of drugs-- except, of course, alcohol--causes almost no=20 crime." But drug *prohibition* does cause crime. The=20 firearm assault and murder rates rose in the U.S.=20 with the start of Prohibition in 1920, and remained=20 high during it, but then declined for eleven=20 consequence years after Prohibition was repealed.=20 In the U.S. today, perhaps one-third of murders are=20 related to contract enforcement and competition=20 over dealing territory [16]. =20 =09 =09Prohibition turns others into crime victims. =20 Because certain drugs cannot be obtained at the=20 local neighborhood drugstore, drug consumers visit=20 unsafe parts of a city, and are simply assaulted. =20 Such victims, naturally, are not in a position to=20 complain to the police. Others become victims=20 because of the lack of quality control. Because=20 drugs are illegal, rip-off artists who deal in=20 substitute or impure products know they will not be=20 sued. Other suppliers simply make mistakes in=20 production, but these mistakes are not caught right=20 away because information flow is not efficient in a=20 non-public market. This results in injuries, often=20 caused not the use of the prohibited drugs=20 themselves, but by the constraint on the flow of=20 information brought about by prohibition. =20 =09During the earlier era of alcohol Prohibition=20 in the U.S., many of a city's leading citizens became=20 criminals by the fact of visiting the bar of a local=20 speakeasy. There, naturally, they associated with=20 the proprietors, mobsters, who began to acquire=20 increasing political influence. Today billions of=20 dollars in cocaine profits leads to wide-spread=20 corruption [17]. =09About 1.2 million suspected drug offenders=20 are arrested each year in the U.S., most of them for=20 simple possession or petty sale [18]. Currently in=20 the U.S., police spend one-half their time on drug- related crimes. The court system is on the verge of=20 collapse because of the proliferation of drug cases,=20 which-because they are criminal cases-have=20 priority over civil cases. Six out of ten federal=20 inmates are in prison on drug charges. Probably=20 another two of the ten are there on prohibition- related offenses. There is a crisis in prison=20 crowding (forty states are under court order to=20 reduce overcrowding), with the result that violent=20 criminals--including child molesters, multiple=20 rapists, and kidnappers--are often released early. =20 This is reinforced by mandatory sentencing laws. =20 Consensual drug offenses are not only treated as the=20 moral equivalent of murder, rape, or kidnapping: =20 they are given harsher punishment. Youths are sent=20 to prison for life for selling drugs, while murderers=20 were eligible for early parole for good behavior=20 [19]. As one example, Florida punishes "simple=20 rape" by a maximum prison term of 15 years,=20 second-degree murder with no mandatory minimum=20 and a maximum of life in prison , first degree=20 murder (where the death penalty is not imposed)=20 with a mandatory minimum penalty of 25 years,=20 after which one is eligible for parole, but trafficking=20 in cocaine is punished with life imprisonment=20 "without the possibility of parole." =09The war on drugs has turned into a war on=20 civil liberties The reason is simple. The war is a=20 war on people suspected of using, or dealing in, or=20 otherwise being involved in drugs. But the drug=20 industry survives because tens of millions of people=20 engage in voluntary transactions, which they try to=20 keep secret. Hence law enforcement must attempt=20 to penetrate the private lives of millions of =20 suspects, which could be almost anyone. A Nobel=20 prize-winning economist wrote: "Every friend of=20 freedom . . . must be as revolted as I am by the=20 prospect of turning the U.S. into an armed camp, by=20 the vision of jails filled with casual drug users and=20 of an army of enforcers empowered to invade the=20 liberty of citizens on slight evidence" [20].=20 Unfortunately, not everyone is a friend of freedom. =20 A mayor of New York advocated strip searching=20 travelers from Asia and South America. A U.S.=20 congressman introduced a bill to create an=20 "American Gulag" of Arctic prison camps for drug=20 offenders. And so on. =09The drug trade is sustained by prohibition=20 itself. Agencies like the Drug Enforcement=20 Administration (DEA) grew up to "fight" the drug=20 war. Their budgets, prestige, and paychecks depend=20 on the war's continuation. These agencies have vast=20 sums to spend on public relations and propaganda=20 ("education"), and a vested interest against=20 legalization. Since these agencies profit from=20 crime, they have an incentive to cultivate=20 criminality as a natural resource. The sheriff of=20 Broward County, Florida, manufactured his own=20 crack cocaine to sell to buyers in order to arrest=20 them [21]. Others employ cocaine gigolos, who=20 then pressure unsuspecting boyfriends/girlfriends=20 into purchasing drugs from undercover agents (e.g.,=20 United States v. Eugenio Llamera, No. 84-167-Cr=20 (S.D. Fla. 1984)). Periodically a new "biggest ever"=20 drug bust (such as 22 tons of cocaine in a Los=20 Angeles warehouse) is proudly announced, with no=20 apparent perception that such busts prove the=20 agencies are failing in their alleged goal of drug=20 elimination. Meanwhile, some government=20 employees-drug warriors-themselves engage in=20 criminal acts for enjoyment or to supplement their=20 income. Drug dealers, in particular, can be killed=20 and robbed with impunity. Forfeiture laws, which=20 allow the seizure of money, houses, boats, cars,=20 planes, and other property on the basis of a=20 circumstantial connection with prohibited drugs,=20 have also been profitable. The associate deputy=20 attorney general in charge of the U.S. Justice=20 Department's forfeiture program said "we're not at=20 all apologetic about the fact that we do benefit=20 (financially) from it" [22]. =09Others are paid to extend the war=20 internationally. Examples include Latin American=20 coca crop eradication and substitution programs. =20 These have had almost no success, and have created=20 massive social problems [23]. Poor farmers can=20 make four to ten times as much growing coca as in=20 growing legal crops [24]; they can grow coca and=20 marijuana in regions with poor soil; and they can=20 avoid oppressive agricultural regulations=20 encountered with the production and sale of crops=20 lacking an efficient alternative to government=20 marketing organizations. The 200,000 peasant=20 families (1 million people) engaged in coca=20 production in Peru are oblivious to campaigns=20 urging them to "just say no" to the source of their=20 livelihood.=20 =09In the last few years, the use of, and hence=20 the demand for, cocaine has fallen. But there are=20 always new ways to justify increased drug war=20 budgets. The U.S. Department of State notes, with=20 no awareness of the irony of the statement: "The=20 economics of the heroin trade are also important. =20 While at U.S. street prices, cocaine and heroin are=20 competitive, at the wholesale level heroin has a=20 strong advantage. A kilo of cocaine wholesales for=20 between $10,500 and $40,000; a kilo of heroin will=20 fetch on average between $50,000 and $250,000. =20 With the likelihood that heroin will be to the 1990's=20 what cocaine was to the 1980's, Latin American=20 trafficking organizations are poised to cash in on a=20 heroin epidemic" [12]. And, naturally, so also are=20 those who fight them. =20 =09For at some point it occurred to these drug=20 warriors, mighty and bold, that there were easier=20 ways to make a living. Why not just go after the=20 cash? After all, if you go out to the poppy fields=20 you may get your boots muddy, and (more=20 importantly) bankers don't carry guns. 99 and 44/100 Percent Pure =09The House of Representatives report on the=20 banking legislation leading up to the U.S. Banking=20 Secrecy Act of 1970 noted that "secret foreign bank=20 accounts and secret foreign financial institutions"=20 had been used, among other things, to "purchase=20 gold," and to serve "as the ultimate depository of=20 black market proceeds from Vietnam" [25]. The=20 report does not explain why the purchase of gold=20 was a menace to society, nor elaborate on the role of=20 the House in creating a black market in Vietnam. =20 Within a few years gold was legalized, and the=20 absence of U.S. military forces in Vietnam=20 eliminated the black market. The report also noted: =20 "Unwarranted and unwanted credit is being pumped=20 into our markets." This was also attributed to=20 foreign banks with secrecy laws, although the=20 Federal Reserve*the real source of excess credit in=20 the years leading up to the breakdown of Bretton=20 Woods*is not foreign. In short, the House report=20 was a broad-based attack with little rhyme or=20 reason, setting the tone for similar future studies. =20 =09As is usual in political double-speak, the=20 Banking Secrecy Act was an act of legislation=20 intended to prevent, not preserve, banking secrecy. =20 It created four requirements that were supposed to=20 address the issue of money laundering: 1) A paper=20 trail of bank records had to be maintained for five=20 years. 2) A Currency Transaction Report (CTR)=20 had to be filed by banks and other financial=20 institutions for currency transactions greater than=20 $10,000. CTRs were filed with the IRS. 3) A=20 Currency or Monetary Instrument Report (CMIR)=20 had to be filed when currency or monetary=20 instruments greater than $5,000 were taken out of=20 the U.S. CMIRs were filed with the Customs=20 Service. 4) A Foreign Bank Account Report=20 (FBAR) had to filed whenever a person had an=20 account in a foreign bank greater than $5,000 in=20 value. (The latter two requirements have been=20 increased to $10,000.) =09These reports mostly collected unread=20 during the 1970s. But that was to change with the=20 growth in computerized recordkeeping and artificial=20 intelligence processing, and with the escalation of=20 the "war on drugs." In the early 1980s, a Senate=20 staff study noted in alarm "what appears to be=20 otherwise ordinary Americans engaged in using=20 offshore facilities to facilitate tax fraud. These=20 cases signify that the illegal use of offshore=20 facilities has enveloped 'the man next door'--a trend=20 which forecasts severe consequences for the=20 country" [26]. =20 =09 =09The same report made a concerted effort to=20 draw connections between the eurodollar market=20 and criminal activity, noting "few banking=20 authorities address the issue of primary concern to=20 us here: criminal uses of Eurobanking." The focus=20 was not banking fraud or theft: "The most visible=20 and notorious aspect of offshore criminality=20 involves drug traffic." One of the report's many=20 recommendations was that the Treasury Department=20 should work with the "Federal Reserve Board to=20 develop a better understanding of the financial=20 significance and use of currency repatriation data as=20 well as information about foreign depositors'=20 currency deposits." Subsequently, Panama was=20 identified as the major banking center for the=20 cocaine trade, and Hong Kong as the major center=20 for the heroin trade, based largely on the amount of=20 U.S. dollars, including cash, being return to the=20 Federal Reserve by, respectively, the Banco=20 National de Panama and by Hong Kong-based=20 banks [27]. =09Thus, with that simple act, the Federal=20 Reserve Board was transformed from an institution=20 that watched over the currency to a co-conspirator=20 that watched over currency users. =09Efforts were extended internationally to=20 trace cash movements. The Bank for International=20 Settlements (BIS) Code of Conduct (1984)=20 recommended a global version of the CRT. =20 Information from the global CRT was to be=20 processed by the OECD and shared with tax=20 authorities in all industrialized countries. The G-7=20 countries in 1989 agreed to form the Financial=20 Action Task Force (FATF), with staffing and=20 support to be provided by the OECD. FATF now=20 includes 26 governments. In May 1990, FATF=20 adopted forty recommendations on money=20 laundering countermeasures. These included=20 provisions that a global currency tracking system=20 (the global CRT proposed earlier by the BIS) be=20 created, that financial institutions be required to=20 report "suspicious transactions" to law enforcement=20 authorities, that global sting operations be used=20 against launderers, and that electronic money=20 movements, especially international wire transfers,=20 be monitored.=20 =09So better beware your banker: by law, he's a=20 snitch. Maybe even a government employee. In=20 one recent example of a global sting, government=20 officials set up a bank in the Caribbean (Anguilla),=20 and advertised their services in confidential=20 banking. They then turned all the information over=20 to tax authorities. Did you ever wonder why=20 uneducated people believe in international banking=20 conspiracies? The Digital World of Money =09Money is a mechanism for making payment. =20 What we want from a payments mechanism is fast,=20 reliable (secure) service at a low cost. In current=20 technology that means that the payment mechanism=20 will be determined by transactions costs. Hence=20 money in a modern economy exists chiefly in the=20 form of electronic entries in computerized=20 recordkeeping systems or data bases. Money exists=20 as a number (e.g. 20) beside which is attached a=20 currency or country label (e.g. DM or BP or U.S.$)=20 and also an ownership label (e.g. "Deutsche Bank"=20 or "Microsoft" or "Jack Parsons"). Physical goods=20 are transported to different geographical locations,=20 but currencies by and large are not. This is true=20 both domestically and internationally. A bank in=20 London will sell British pounds to a bank in=20 Frankfurt for deutschemarks by having the=20 Frankfurt bank's name recorded as the new owner of=20 a pound deposit in London, while the London=20 bank's name is recorded as the new owner of a=20 deutschemark deposit in Frankfurt. =09=09 =09Payment between banks is made by an=20 exchange of electronic messages. The scope and=20 size of transactions mandates this type of payment=20 mechanism. The most important communications=20 network for international financial market=20 transactions is the Society for Worldwide Interbank=20 Financial Telecommunication (SWIFT), a Belgian=20 not-for-profit cooperative. This system for=20 transferring foreign exchange deposits and loans=20 began actual operation in May 1977 and by 1990=20 had 1,812 members, and connected 3,049 banks and=20 securities industry participants in eighty-four=20 countries. It carried an average of 1.1 million=20 messages per day. SWIFT messages are transmitted=20 =66rom country to country via central, interconnected=20 operating centers located in Brussels, Amsterdam,=20 and Culpeper, Virginia. These three operating=20 centers are in turn connected by international data- transmission lines to regional processors in most=20 member countries. Banks in an individual country=20 use the available national communication facilities=20 to send messages to the regional processor. A bank=20 in London, for example, will access SWIFT by=20 sending messages to a regional processing center in=20 the north of London [28]. The message will be=20 received by a bank in New York via the SWIFT=20 operating center in Culpeper, Virginia. =09Within the U.S. the most important=20 communications-money-channels are Fedwire=20 and CHIPS. Eleven thousand depository=20 institutions have access to Fedwire, the electronic=20 network system of the Federal Reserve System. =20 (About a thousand of these access the system=20 through the New York Fed.) In 1991 an average of=20 $766 billion daily went through the net, of which=20 $435 billion involved the New York Fed. The=20 average size of a funds transfer was $3 million. =20 There were 258,000 average daily transfers. =09The New York Clearing House Association=20 (twelve private commercial banks) operate the=20 Clearing House Interbank Payments System=20 (CHIPS) to settle foreign exchange and eurodollar=20 transactions. CHIPS connected 122 participants in=20 1991. On an average day $866 billion went through=20 the CHIPS network, with 150,000 average daily=20 transfers (or an average transfer size of about $5.7=20 million). Sometimes there are large fluctuations in=20 the level of payments. On January 21, 1992,=20 $1.5977 trillion went through the CHIPS system.=20 That is, the U.S. M1 money stock turned over=20 several times in a single day. The CHIPS system=20 maintains an account at the New York Fed. Much=20 of the nation's money flows through what is literally=20 an underground economy: the computer banks=20 located beneath 55 Water Street in Manhattan. =09These systems, even the Fedwire system, did=20 not arise by centralized government planning. ". . .=20 it is historically accurate that the Fedwire system=20 evolved in almost a 'natural' manner; no one at the=20 Board or at a Reserve bank ever sat down and said=20 'let there be a wire transfer system.' Thus, Fedwire=20 can be regarded as an example of a market tendency=20 to evolve, over time, in an efficient manner" [29]. =09In Europe, banks have available=20 CEBAMAIL, a shared voice and data network=20 established by European central banks and later=20 expanded to other users. European banks also use=20 IBM's International Network and DIAL service to=20 communicate with the Bank for International=20 Settlements in Basle, Switzerland, and with each=20 other. =09Money, then, is part of the worldwide=20 information superhighway (or infobahn). The=20 Clinton administration's proposal for a "National=20 Information Infrastructure" (NII) was announced in=20 1994: "All Americans have a stake in the=20 construction of an advanced National Information=20 Infrastructure (NII), a seamless web of=20 communications networks, computers, databases,=20 and consumer electronics that will put vast amounts=20 of information at users' fingertips. Development of=20 the NII can help unleash an information revolution=20 that will change forever the way people live, work,=20 and interact with each other" [30].=20 =09 =09To be sure, the ensuing hype has made the=20 whole thing sound like more circuses to keep the=20 masses pacified and thirsty: 500 channels of MTV=20 with beer and Pepsi ads, and insurance salesmen=20 popping out of your home computer. But the=20 information revolution was already well underway,=20 and had been so for years. The real agenda for=20 government involvement was stated in the White=20 House Press release, April 16, 1993: "Sophisticated=20 encryption technology has been used for years to=20 protect electronic funds transfer. . . While=20 encryption technology can help Americans protect=20 business secrets and the unauthorized release of=20 personal information, it also can be used by=20 terrorists, drug dealers, and other criminals." =09Now, in fact, almost all modern technology,=20 =66rom can openers to automobiles, can be used by=20 terrorists, drugs dealers, and criminals (even the=20 thieves in the Justice Department who preside over=20 asset forfeitures). But what is special about=20 cryptography is that it threatens to slow or nullify=20 the effectiveness of government-sponsored=20 computer surveillance of individuals and private=20 business. To get a handle on this, let's brush up our=20 high school cryptography, which has probably=20 grown rusty from lack of use. Eager students can=20 read an exhaustive history of the subject written by=20 David Kahn [31], but we will only focus on the tail- end, post-Kahnian part of the story, on something=20 called "public key cryptography" [32]. Public Key Cryptography in One Easy Lesson=20 =09Public key cryptography relies on two=20 scrambling devices, called "keys", that have the=20 following relationship. There is a public key P and=20 a private key R. Suppose I write a sweet, sensitive=20 love letter, filled with spiritual values, genetic=20 imperatives, and sexual innuendo, to my current=20 flame Veronica. Let's refer to this letter as the=20 message M. I sign it with Veronica's public key P,=20 producing the encrypted message P(M). Anyone=20 looking at P(M) will only see a string of=20 meaningless symbols, gibberish. When Veronica=20 receives it, she will apply her private key R to the=20 encrypted message, producing R(P(M)) =3D M,=20 turning the apparent randomness into tears, joy, and=20 erotic fantasy. =20 =09The key pairs P and R must have the=20 relationship that for any message M, R(P(M)) =3D M.=20 In addition, it should be practically impossible for=20 anyone to determine M from P(M), without the=20 associated private key R. For any other private key=20 R', R'(P(M)) is not equal to M--it's still gibberish. =20 The key pairs P and R also have the commutative=20 relationship P(R(M)) =3D M: if you encrypt a=20 message with your private key R, then anyone can=20 decrypt it using your public key P. =20 =09Being able to send secure messages is one=20 function of public key cryptography. Another=20 function is authentication. Suppose you sent a=20 message M to Bill. He receives the=20 message M*. Bill doesn't know whether M* is=20 really from you; or, even if it is from you, whether it=20 has been altered in some way (that is, if the M* he=20 receives is the same as the M you sent). The=20 solution to this problem, using public key=20 cryptography, is that you also send Bill a digital=20 signature S along with the message M. Here is how=20 this authentication process works. =09For simplicity, assume you don't even=20 encrypt the message to Bill. You just send him the=20 plain message M, saying "Dear Bill: You are wrong=20 and I am right. Here is why, blah blah blah [for a=20 few thousand words]." Then you just sign it by the=20 following procedure.=20 =09First you chop your message down to size,=20 to produce a (meaningless) condensed version,=20 where one size fits all. To do this, you need a=20 message chopper called a "hash function." You=20 apply the hash function H to the message M to=20 produce a "message digest" or "hash value" H(M)=20 which is 160 bits long. You then sign the hash=20 value H(M) with your own private key R, producing=20 the signature S =3D R(H(M)).=20 =09The receiver of the message, Bill, applies the=20 same hash function to the received message M* to=20 obtain its hash value H(M*). Bill then decrypts=20 your signature S, using your public key P, to obtain=20 P(S) =3D P(R(H(M))). He compares the two. If =20 H(M*) =3D P(R(H(M))), then he knows the message=20 has not been altered (that is, M* =3D M), and that you=20 sent the message. That's because the equality will=20 fail if either (1) the message was signed with some=20 other private key R', not yours, or if (2) the received=20 message M* was not the same as the message M=20 that was sent [33]. =20 =09By some accident, of course, it could be that=20 Bill finds H(M*) =3D P(R(H(M))) even if the message=20 has been altered, or it is not from you. But the odds=20 of this happening are roughly 1 in 2^160, which is=20 vanishingly small; and even if this happens for one=20 message, it is not likely to happen with the next.=20 The Growth of the Information Superspyway =09NSA is the U.S. intelligence agency located=20 in Ft. Mead, Maryland, which is responsible for=20 collecting electronic and signals intelligence.=20 Activities include monitoring the conversations of=20 foreign leaders, listening in on most international=20 communications (including financial transactions),=20 breaking codes, and setting the cryptological=20 standards for U.S. military and security agencies=20 [34]. In 1975 at the University of California at=20 Berkeley, I made a special trip over to the=20 employment office to see the NSA recruitment=20 posters. They were, after all, a novelty. Hardly=20 anyone knew the NSA ("No Such Agency") existed,=20 and the word was just getting around that=20 mathematicians could compete with physicists for=20 Defense Department largess. =09A couple of years later, Bobby Inman=20 departed his post as head of Naval Intelligence,=20 =66rom which vantage point he had leaked Watergate=20 revelations to Bob Woodward, to become head of=20 NSA. Soon thereafter, the NSA began harassing=20 certain mathematicians in the private sector,=20 claiming "sole authority to fund research in=20 cryptography" [35].=20 =09In those days such a monopoly was possible.=20 The computer culture was hierarchically structured=20 and mind-bogglingly pedantic. Peon programmers=20 produced a token 20 lines of code per day, which=20 allowed them plenty of time to attend "efficiency"=20 meetings. Systems analysts involved themselves in=20 busy work--creating elaborate flow charts to explain=20 self-evident routines. Only those who learned to toe=20 the line were allowed gradual access to better=20 equipment and more CPU time. NSA, meanwhile,=20 was one of the top markets for expensive,=20 sophisticated computer equipment. If you wanted to=20 be a cryptologist [36], you bit the bullet and bowed=20 to NSA and IBM. =09The federal encryption standard for=20 unclassified government computer data and=20 communications, an encryption algorithm called=20 Lucifer, had been developed by IBM in the early=20 70s. It was later certified by a civilian agency, the=20 National Bureau of Standards (now NIST), as the=20 Data Encryption Standard (DES) in 1976. Unlike=20 public key cryptography which uses two keys=20 (either one of which may be used to encrypt, and the=20 other to decrypt), DES was a symmetric key system,=20 using a single key to both encrypt and decrypt. =20 Because of the single key, DES could be used for=20 encryption or authentication, but not both=20 simultaneously. =09Through the American Bankers Association=20 and ANSI's Financial Institution Wholesale Security=20 Working Group, DES entered the banking world as=20 a method of encryption and message authentication=20 in electronic funds transfer. But for digital=20 signatures it made more sense to rely on public key=20 cryptography. And although the NIST began to=20 solicit public-key cryptographic algorithms in 1982,=20 nothing would be approved for another decade, so=20 both federal agencies and private organizations,=20 including banks, began to look to commercial=20 sources of digital signature technology. (They=20 basically settled on one called the Rivest-Shamir- Adleman (RSA) system.) =09Meanwhile, the anarchy of the personal=20 computer had been unleashed. The PC allowed one=20 person to be in charge of the entire software=20 development process. She could be hardware=20 technician, systems analyst, mathematician,=20 programmer, artist-in-residence, and general hell- raiser rolled into one. Just as Gutenberg inspired=20 later generations to learn to read precisely because=20 they had, Pogo-like, acquired the ability to write, so=20 did the appearance of the microprocessor inspire a=20 generation of talented and creative people to absorb=20 themselves in computer-accentuated tasks which no=20 longer mandated interaction with a phalanx of=20 mandarins whose notion of Eros was a COBOL=20 routine to insert Tab A into Slot B. To be sure, the=20 PC was not powerful enough to break codes=20 (cryptanalysis), but it was a good enough tool for=20 creating cryptography software. =09In 1984 Reagan's National Security Decision=20 Directive 145 (NSDD-145) shifted the=20 responsibility for certifying DES-based products to=20 NSA. Executive Order 12333 in 1980 had made the=20 Secretary of Defense the government's executive=20 agent for communications security, and NSDD-145=20 expanded this role to telecommunications and=20 information systems. The Director of NSA was=20 made responsible for the implementation of the=20 Secretary's responsibilites. In 1986 NSA created an=20 uproar by saying it would no longer endorse DES=20 products after 1988, and would substitute a new set=20 of incompatible, classified, hardware standards. =20 Banks and software vendors weren't happy with the=20 news because they had only recently invested=20 heavily in DES-based systems. But Congress=20 effectively rejected NSDD-145's federal computer=20 security plan by passing the Computer Security Act=20 of 1987, and DES was reaffirmed anyway (with the=20 NIST reinstated as the certifier of applications that=20 met the standard), and then affirmed again in 1993. =20 (The next DES review is scheduled for 1998.) =09Changes in technology were creating both=20 new security concerns and spying opportunities. On=20 the one hand, a rank amateur with a scanner could=20 sit in his apartment and monitor his neighbors'=20 cordless and cellular telephone conversations. (After=20 all, if a signal makes it into your bedroom, you may=20 feel you have a right to tune it in.) On the other=20 hand, the NSA could in the same way make use of=20 the electromagnetic signals sent out by computer=20 hardware components. Unshielded cables act as=20 radio broadcast antennas. Related signals, especially=20 =66rom the computer monitor and the computer's=20 CPU, are sent back down the AC power cord and=20 out into the building's electrical wiring. Signals may=20 also be transmitted directly into the phone line=20 through a computer modem (which isn't in use).=20 These frequencies can be tuned, so that what=20 appeared on one person's computer screen can be=20 displayed on an observer's screen a block away. =20 (There were no laws against monitoring computer=20 radiation then, and there are none now, so the NSA=20 can take the position that it is doing nothing illegal=20 by parking its monitoring vans in domestic spots in=20 New York, Chicago, San Francisco, and=20 Washington, D.C. [37].) =09The erosion of the spying monopoly lead to=20 the 1986 Electronic Communications Privacy Act=20 (ECPA) which prohibited phone and data-line=20 tapping--except, naturally, by law enforcement=20 agencies and employers. ECPA made cellular (but=20 not cordless) phone monitoring illegal. President=20 Bush would later sign a second law which=20 prohibited even the *manufacture or import* of=20 scanners that are capable of cellular monitoring. =20 But the latter law was nonsensical, since *every=20 cellular phone is itself a scanner*. In a=20 demonstration for a Congressional subcommittee, it=20 took a technician only three minutes to reprogram a=20 cellular phone's codes so that it could be used for=20 eavesdropping [38].=20 =09 With the worldwide collapse of=20 Communism, federal agents quickly discovered a=20 new fount of terrorist activity: American teenagers,=20 hackers. The Secret Service crusade to conquer=20 children started when Congress passed the=20 Computer Fraud and Abuse Act in 1986, and=20 culminated in May 1990 with Operation Sundevil,=20 in which 42 computer systems were seized around=20 the country, along with 23,000 floppy disks. =09One college-age hacker, Chris Goggans=20 (a.k.a. Eric Bloodaxe) upon receiving information=20 which lead him to suspect the coming raid, went=20 home and (like any good host) cleaned and=20 vacuumed his apartment, placed little notes in=20 drawers ("Nope, nothing in here"; "Wrong, try=20 again"), and adorned his desk with brochures from=20 the local Federal Building--titles like How to=20 Become an FBI Agent, . . . Secret Service Agent, etc. =20 The raid came one morning while Goggans was in=20 bed. "Leading the pack is Special Agent Tim=20 Foley," Goggans recounts, "and he's got his service=20 revolver out, and he's got it pointed at me. He's a=20 pretty big guy and I'm me. . . . Hackers are a=20 notoriously violent group of people who are known=20 for their physical prowess, so guns are definitely=20 always necessary" [39 ]. =09Paranoia verged on the imbecilic. AT&T=20 Security found a description of 911 system=20 administration, called "E911," on one bulletin board=20 service. They claimed in court the theft of this=20 information was worth exactly $79,449, but the case=20 fell apart when the defense showed the same=20 information, with more technical details, about the=20 911 system was publicly available from AT&T for=20 the mere price of $13. =09The FBI, meanwhile, was undergoing=20 culture shock. Telephone carrier signals were now=20 digital and multiplexed, so that any specific channel=20 might be interleaved among many others in a=20 continuous stream of bits which the FBI could no=20 longer access with only a pair of alligator clips. In=20 March 1992 the FBI proposed Digital Telephony=20 legislation (code-named in FBI documents=20 "Operation Root Canal") that would require private=20 industry to provide access ports in digital equipment=20 for the purpose of tapping specific conversations.=20 =09The FBI proposal didn't sit well with the=20 General Services Administration (GSA), the largest=20 purchaser of telecommunications equipment for the=20 U.S. government. GSA noted that the "proposed=20 bill would have to have the FCC or another agency=20 approve or reject new telephone equipment mainly=20 on the basis of whether the FBI has the capability to=20 wiretap it." So GSA opposed the legislation for=20 security reasons, noting it would "make it easier for=20 criminals, terrorists, foreign intelligence (spies) and=20 computer hackers to electronically penetrate the=20 public network and pry into areas previously not=20 open to snooping. This situation of easier access=20 due to new technology changes could therefore=20 affect national security" [40].=20 =09Ironically, the World Trade Center was=20 subsequently bombed by a group that was already=20 under FBI surveillance, so one could make a case=20 that *voyeurism*, not public security, was the real=20 intent of the proposed legislation [41]. The 1992=20 Digital Telephony proposal would have also given=20 the Justice Department the unilateral and exclusive=20 authority to enforce, grant exceptions, or waive=20 provisions of the law, or enforce it in Federal Court. =20 You know, the *Justice Department*: that splendid=20 collection of righteous lawyers, whose recent=20 triumphs include overseeing the slaughter of a=20 religious group in Waco, Texas [42], running a=20 software company into bankruptcy and=20 appropriating its software [43], and allegedly=20 manipulating the machinery of justice to cover=20 tracks left by financial thieves [44].=20 =09Now the Computer Security Act of 1987 had=20 authorized a U.S. government project to develop=20 standards for publicly-available cryptography. On=20 April 16, 1993 the Clinton Administration=20 announced two new controversial Federal=20 Information Processing Standards (FIPS) which=20 embodied Capstone's principal elements. These=20 were the Escrowed Encryption Standard (EES)-- a.k.a. "Clipper"--and the Digital Signature Standard=20 (DSS). All private companies doing business with=20 the government might be affected. The Escrowed Encryption Standard =09 =09The EES was promulgated by the Clinton=20 Administration as a voluntary (for now, anyway)=20 alternative to the Data Encryption Standard (DES).=20 It involved a bulk data encryption algorithm called=20 Skipjack, which would be contained on a tamper- resistant chip, called the Clipper Chip (or MYK-78).=20 The chip would be manufactured by VLSI Logic,=20 and programmed with the algorithms and keys by=20 Mykotronx at a facility in Torrance, California. =20 Each chip would contain a trapdoor that would=20 allow the government, using a two-part key (U =3D=20 U1+U2), each half deposited with a different escrow=20 agency, to decode any communications sent through=20 the chip [45]. =20 =09Here is how the process works. (You can=20 skip this paragraph and the next one if you like.) In=20 addition to the Skipjack encryption algorithm, each=20 chip will contain a 80-bit family key F that is=20 common to all chips; a 30-bit serial number N; and=20 an 80-bit secret "unique" key U which can be used=20 to unlock all messages sent through the chip. =20 Suppose I have my secure device get in touch with=20 Veronica's secure device. The first thing that=20 happens is our two chips agree on a randomly=20 generated 80-bit symmetric session key K, which=20 will be used only for this one conversation. The=20 Clipper Chip takes our whispered message stream=20 M and encrypts it with K, using the Skipjack=20 algorithm, producing the encrypted message K(M).=20 Simple enough. But my chip also has other ideas. =20 As an entirely separate process, it also takes the=20 session key K and encrypts it with the secret key U,=20 producing U(K). Then it tacks the serial number N=20 on to the end of the encrypted session key, giving=20 the sandwich U(K)+N. Then it takes the family key=20 F and encrypts the sandwich, giving F[U(K)+N]. =20 The encrypted sandwich, F[U(K)+N], is called the=20 LEAF, or "Law Enforcement Access Field." Both=20 my encrypted message K(M) and the LEAF,=20 F[U(K)+N], are sent out over the telephone line. =20 Veronica's chip receives both these, but mostly=20 ignores the LEAF. Her chip simply takes the=20 previously agreed session key K and uses it to=20 decrypt the encrypted message, yielding K[K(M)] =3D=20 M. =20 =09Now suppose Fred is a horny FBI agent who=20 wants to listen in on all this. He gets a warrant=20 (maybe), and has the phone company plug him into=20 the conversation. With his listening device, he=20 siphons off both my encrypted message K(M) and=20 the LEAF, F[U(K)+N]. As a member of the FBI he=20 is allowed to know the family key F, which he uses=20 to decrypt the LEAF, yielding the sandwich: =20 F{F[U(K)+N]} =3D U(K)+N. So now he knows the=20 serial number N. He then takes N along with his=20 warrant over to the first escrow agency, which gives=20 him half of the secret key, U1. He takes N with his=20 warrant over to the second escrow agency, which=20 gives him the other half, U2. He now knows the=20 secret key U =3D U1+U2. He uses U to decrypt the=20 encrypted session key: U[U(K)] =3D K. Now he=20 knows the session key K, which he uses to decrypt=20 my encrypted message: K[K(M)] =3D M. To his great=20 disappointment, he discovers I was only calling to=20 thank Veronica for the pepperoni and cheese pizza=20 she sent over. =20 =09Industry was urged to build the EES into=20 every type of communication device: computer=20 modem, telephone, fax, and set-top TV converter. =20 Of course to do so (surprise, surprise) will make a=20 product subject to State Department ITAR export=20 controls. But AT&T, at least, promptly popped the=20 Clipper Chip into the AT&T Security Telephone=20 Device 3600, which has a retail price of about=20 $1,100, because they had been "suitably=20 incentivised" (see below). =09=09 =09Another implementation of the ESS is the=20 Capstone Chip (Mykotronx MYK-80), which=20 includes Clipper's Skipjack algorithm, and adds to it=20 digital signature, hash, and key-change functions. =20 While Clipper is mostly intended for telephone=20 communication, Capstone is designed for data=20 communication. Finally there is Tessera, which is a=20 PCMCIA card that contains a Capstone Chip. =20 Despite generating universally negative comments,=20 EES was approved by the Department of=20 Commerce as a federal standard in February 1994. =09The details of the NSA-developed Skipjack=20 algorithm are classified. However, it uses 80-bit=20 keys and scrambles the data for 32 steps or rounds. =20 The earlier standard, DES, uses 56-bit keys and=20 scrambles the data for only 16 rounds. But the=20 secrecy of Skipjack removed some of its credibility.=20 People are confident in the security of DES, because=20 its details are public. Hence people have probed=20 DES over the years and failed to find any=20 weaknesses. The primary reason for Skipjack's=20 classification appears to be an attempt to prevent its=20 use without transmission of the associated LEAF=20 field. =09An outside panel of expects concluded there=20 was no significant risk that messages encrypted with=20 the Skipjack algorithm would be breakable by=20 exhaustive search in the next 30 to 40 years. The=20 same cannot be said for the EES protocol as a=20 whole. Matthew Blaze, a researcher at AT&T =20 showed there are ways to corrupt the LEAF, so that=20 the session key K cannot be recovered, and hence=20 messages cannot be decrypted [46]. Of course if=20 you are sending data files, and not voice, you can=20 ignore the presence or absence of the Clipper Chip=20 altogether. Just encrypt your file with, say, Pretty=20 Good Privacy, before you send it through the=20 Clipper Chip. Thus your original message is an=20 already-encrypted file, and it won't matter if FBI =20 Fred reads it or not. But things are not so simple=20 with voice messages. So the first target for a=20 government ban is alternative encryption devices=20 for voice communication, particularly if the Clipper=20 Chip doesn't catch on. Which would be nothing=20 new: for years ham radio operators have been=20 prohibited from using encryption on the air.=20 =09The future of the EES may depend on the=20 coercive purchasing power of the U.S. government. =20 A memorandum prepared for the Acting Assistant=20 Secretary of Defense had noted a number of U.S.=20 computer industries objections to a trapdoor chip,=20 such as the Clipper Chip: "The industry argues=20 persuasively that overseas markets (much less drug=20 lords or spies) will not look with favor on U.S.=20 products which have known trapdoors when=20 offshore products which do not have them are=20 available. In support of their argument, they note=20 that powerful public-key cryptography developed=20 and patented by RSA using U.S. tax dollars is free=20 to developers in Europe, subject to royalties in the=20 United States, and cannot be exported without=20 expensive and time-late export licenses. These=20 charges are true. . . .Despite these concerns, the=20 President has directed that the Attorney General=20 request that manufacturers of communications=20 hardware use the trapdoor chip, and at least AT&T=20 has been reported willing to do so (having been=20 suitably incentivised by promises of government=20 purchases)" [47]. The Digital Signature Standard =09The second announced standard, DSS, uses=20 a digital signature algorithm (DSA) to authenticate=20 the source and validity of messages [48]. Digital=20 signatures are the equivalent of handwritten=20 signatures on legal documents. While there is yet=20 no body of case law dealing with the subject,=20 documents signed with proper digital signatures will=20 almost certainly be legally binding, both for=20 commercial use as defined in the Uniform=20 Commercial Code (UCC), and will probably also=20 have the same legal standard as handwritten=20 signatures. =20 =09The computer industry had generally wanted=20 the U.S. government to choose instead the RSA=20 algorithm, which was currently the most widely=20 used authentication algorithm. The banking and=20 financial services industry were using both the RSA=20 algorithm and a modified form of the DSA=20 algorithm [49]. =09As we saw previously, it is typically not the=20 entire message that is signed, but rather a condensed=20 form of it, a hash value. The hash function for the=20 DSS is the Secure Hash Standard (SHS), which=20 accepts a variable-size input (the message) and=20 returns a 160-bit string. SHS was adopted as a=20 government standard in 1993 [50]. =20 =09That both EES and DSS were rushed forth in=20 an attempt to break the spread of good cryptography=20 in the private sector is acknowledged even by a=20 government agency, the Office of Technology=20 Assessment (OTA): "In OTA's view, both the EES=20 and the DSS are federal standards that are part of a=20 long-term control strategy intended to retard the=20 general availability of 'unbreakable' or 'hard to=20 break' cryptography within the United States, for=20 reasons of national security and law enforcement. It=20 appears that the EES is intended to complement the=20 DSS in this overall encryption-control strategy, by=20 discouraging future development and use of=20 encryption without built-in law enforcement access,=20 in favor of key-escrow encryption and related=20 technologies" [51]. =09Which brings us back to privacy and the=20 monetary system. The Buck Stops Here =09In 1993 SWIFT began asking users of its=20 messaging system to include a purpose of payment=20 in all messages, as well as payers, payees, and=20 intermediaries. This type of arrangement would=20 allow NSA computers to scan for any names in=20 which they were interested. To be sure,=20 $10,000,000 for the "Purchase of Plutonium" would=20 have been scanned for anyway. But now they can=20 search for "Hakim 'Bobby' Bey," because someone=20 has decided he's a terrorist. Or someone decided=20 they just don't like him, and so they claim he's a=20 terrorist. =09In addition, proposals resurfaced for a two- tier U.S. currency. When such a proposal was=20 rumored around 1970 during the slow breakdown of=20 the Bretton Woods agreement, the rumor was=20 dismissed as a paranoid fantasy. Recently the=20 proposal itself has been discussed on the Federal=20 Page of the Washington Post, which gives support=20 to the plan of "an expert on terrorism" (*another=20 one?*) to have two separate U.S. currencies, "new=20 greenbacks for domestic use and new 'redbacks' for=20 overseas use." The International Counterfeit=20 Deterrence Strike Force (an inter-agency working=20 group informally called the "Super-Bill=20 Committee") supports a revived 1989 DEA plan for=20 the forced conversion of "domestic" dollars into=20 "international" dollars by U.S. travelers at the=20 border, which would be re-exchanged on their=20 return [52].=20 =09While Customs deals with physical cash,=20 NSA is set to deal with the electronic variety. That=20 NSA has in some circumstances already monitored=20 international banking transactions since at least the=20 early 1980s seems evident from the inclusion of=20 detailed banking transactions between the=20 Panamanian branch of the Discount Bank and Trust=20 of Switzerland and a Cayman Islands bank in a=20 classified report to the Secretary of State during the=20 Reagan administration. The information in the=20 report seemingly could only have come from=20 electronic access to the bank's computerized=20 records. Some observers have speculated that a=20 bugged computer program, Inslaw's PROMIS, was=20 involved. This program, allegedly stolen from=20 Inslaw by the U.S. Department of Justice, was sold=20 to dozens of banks. (A federal bankruptcy judge=20 found that the Justice Department had purposefully=20 propelled Inslaw into bankruptcy in an effort to=20 steal the PROMIS software through "trickery, deceit=20 and fraud" [53].) The program was said to have=20 been altered in such a way to allow government=20 agencies trapdoor access into a bank's transaction=20 records [54]. =09The Federal Deposit Insurance Corporation=20 (FDIC) is the government corporation that insures=20 deposits at U.S. member banks. The FDIC=20 Improvement Act of 1991 required the FDIC to=20 study the costs and feasibility of tracking every=20 bank deposit in the U.S. The notion was it was=20 necessary to compute bank deposit insurance=20 requirements in real time. Not everyone thought=20 this was a good idea. The American Banker's=20 Association noted it was inconceivable that such=20 data would "be used only by the FDIC in deposit=20 insurance coverage functions." And even though the=20 FDIC itself argued against the proposal in its draft=20 report to Congress in June 1993, FinCEN used the=20 occasion to propose a "Deposit Tracking System"=20 (DTS) that would also track deposits to, or=20 withdrawals from, U.S. banks accounts in real time. =20 =09So advances in cryptography come face to=20 face with round-the-clock, round-the-border=20 surveillance. =09F.A. Hayek argued for the denationalization=20 of money, an abolition of the government monopoly=20 over the money supply, and the institution of a=20 regime of competitive private issuers of currency=20 [55]. One reason was to stop the recurring bouts of=20 acute inflation and deflation that have become=20 accentuated over this century. Another reason was=20 to make it increasingly impossible for governments=20 to restrict the international movement of=20 individuals, money and capital, and thereby to=20 safeguard the ability of dissidents to escape=20 oppression. He said that "attempts by governments=20 to control the international movements of currency=20 and capital" is at present "the most serious threat not=20 only to a working international economy but also to=20 personal freedom; and it will remain a threat so long=20 as governments have the physical power to enforce=20 such controls." =20 =09Two decades ago, Hayek's proposal seemed=20 to have scant probability of ever coming about. No=20 longer. =20 =09Hayek's dream is about to be realized. PART II: DIGITAL CASH [To Be Continued] Footnotes [1] The Principia Discordia, or How I Found=20 Goddess and What I Did to Her When I Found Her=20 was authored by Malaclypse the Younger (a=20 computer programmer named Greg Hill) and =20 recounts the visionary encounter he and Omar=20 Ravenhurst (Kerry Thornley) had with Eris, the=20 Goddess of Chaos, in an all-night bowling alley. =20 Kerry Thornley is also the author of Zenarchy as=20 well as a novel about Lee Harvey Oswald, whom=20 Kerry knew in the Marines. Some of the early=20 Erisian (Discordian) writings were mimeographed=20 at the office of Jim Garrison, the New Orleans=20 District Attorney, where a friend of Kerry's worked. =20 Principia Discordia may be found on the Internet at=20 the wiretap.spies.com gopher, in the directory=20 Electronic Books, filed under Malaclypse the=20 Younger. It and the other works mentioned in this=20 footnote are also available from Loompanics=20 Unlimited, P.O. Box 1197, Port Townsend, WA=20 98368. Phone: 206-385-2230, Fax: 206-385-7785. [2] The NSA employee handbook notes: "It is the policy of the National=20 Security Agency to prevent and=20 eliminate the improper use of drugs=20 by Agency employees and other=20 personnel associated with the=20 Agency. The term "drugs" includes=20 all controlled drugs or substances=20 identified and listed in the Controlled=20 Substances Act of 1970, as amended,=20 which includes but is not limited to:=20 narcotics, depressants, stimulants,=20 cocaine, hallucinogens and cannabis=20 (marijuana, hashish, and hashish oil).=20 The use of illegal drugs or the abuse=20 of prescription drugs by persons=20 employed by, assigned or detailed to=20 the Agency may adversely affect the=20 national security; may have a serious=20 damaging effect on the safety [of=20 yourself] and the safety of others;=20 and may lead to criminal=20 prosecution. Such use of drugs=20 either within or outside Agency=20 controlled facilities is prohibited." A copy of this handbook may be found in the=20 hacker publication Phrack Magazine, No. 45, March=20 30, 1994, which is available on the Internet at =20 ftp.fc.net/pub/phrack. =20 [3] Governments have always been in the drug=20 business, and perhaps always will be. In earlier=20 times, governments attempted a monopoly on drugs,=20 sex, and religion. But in recent years the ungodly=20 have stopped paying tithes, so many governments=20 have gotten out of the religion business, and private=20 competition has forced them out of the sex business. =20 Of the big three, most governments are left with=20 only drugs, which explains why drugs are politically=20 more important than either sex or religion. Two=20 references on historical drug politics are Jack=20 Beeching, The Chinese Opium Wars, Harcourt=20 Bruce Jovanovich, New York, 1975, and Alfred W.=20 McCoy, The Politics of Heroin: CIA Complicity in=20 the Global Drug Trade, Lawrence Hill Books, New=20 York, 1991. Two references on more recent U.S.=20 government involvement include the well- documented book by Peter Dale Scott and Jonathan=20 Marshall, Cocaine Politics: Drugs, Armies, and the=20 CIA in Central America, The University of=20 California Press, Berkeley, 1991, and the less well=20 substantiated, but provocative, Compromised: =20 Clinton, Bush, and the CIA, by Terry Reed & John=20 Cummings, Shapolsky Publishers, New York, 1994. [4] The following may be related, although no=20 charges have been filed. In 1987 Tallahassee police=20 traced an alleged child porn operation back to a=20 warehouse in Washington, D.C. The warehouse=20 was operated by a group called The Finders, whose=20 leader has an extensive background in intelligence. =20 Customs agents had information that was, according=20 to Customs and FBI documents posted on the=20 Internet by Wendell Minnick (author of Spies and=20 Provocateurs: A Worldwide Encyclopedia of=20 Persons Conducting Espionage and Covert Action,=20 1946-1991), "specific in describing 'blood rituals'=20 and sexual orgies involving children, and an as yet=20 unsolved murder in which the Finders may be=20 involved." The evidence included a telex which=20 "specifically ordered the purchase of two children in=20 Hong Kong to be arranged through a contact in the=20 Chinese Embassy there" and a photographic album. =20 "The album contained a series of photos of adults=20 and children dressed in white sheets participating in=20 a blood ritual. The ritual centered around the=20 execution of at least two goats. . . ." As the=20 investigation proceeded, the "CIA made one contact=20 and admitted to owning the Finders organization as=20 a front for a domestic computer training operation,=20 but that it had 'gone bad.' CIA defers all further=20 contacts to FCIA (Foreign Counter Intelligence=20 Agency). FCIA is distinct and autonomous=20 organization within FBI. . . . FCIA contacts=20 [Washington] MPD Intelligence and advised that all=20 reports regarding Finders are to be classified at the=20 Secret level. FCIA also advised that no information=20 was to be turned over to the FBI WFO [Washington=20 Field Office] for investigation, and that the WFO=20 would not be advised of the CIA or FCIA=20 involvement/contact." =20 I've since checked with all my programming=20 friends, but no one remembers seeing a computer=20 training film involving the sacrifice of goats. [5] It is argued that the creation and distribution of=20 images of nude children should be prohibited, since=20 they might be used "for the purpose of sexual=20 stimulation or gratification of any individual who=20 may view such depiction" (Edward De Grazia, The=20 Big Chill: Censorship and the Law, Aperture, Fall=20 1990, page 50). Where I grew up, children=20 sometimes played naked. However, I guess in that=20 case rays of natural light seen by the human eye=20 underwent a mysterious *transubstantiation* that=20 turned the data into *pastoral innocence* before=20 digitized messages were sent to the brain. By=20 contrast, .gif files stored in a computer have not=20 undergone transubstantiation, and remain slimy=20 with evil inherited from the Original Snub. =20 [6] The Justice Department's Office of General=20 Counsel issued a legal opinion on the First=20 Amendment constitutionality of ITAR restrictions=20 on public cryptography on May 11, 1978. The=20 opinion--addressed to Dr. Frank Press, the Science=20 Adviser to the President--concluded: "It is our view=20 that the existing provisions of the ITAR are=20 Unconstitutional insofar as they establish a prior=20 restraint on disclosure of cryptographic ideas and=20 information developed by scientists and=20 mathematicians in the private sector." The ITAR=20 regulations are also referred to as Defense Trade=20 Regulations. See Department of State, Defense=20 Trade Regulations, 22 CFR 120-130, Office of=20 Defense Trade Controls, May 1992. The State=20 Department turns all cryptology decisions over to=20 NSA. [7] Stewart A. Baker, "Don't Worry, Be Happy,"=20 Wired Magazine, June 1994. [8] Remarks at Computers, Freedom and Privacy=20 Conference IV, Chicago, March 26, 1994. [9] Denning, Dorothy E., "Encryption and Law=20 Enforcement," Georgetown University, February=20 21, 1994. [10] Which explains, I guess, why I am no longer=20 able to get any smack with my pepperoni and=20 cheese. [11] U.S. Department of State, Bureau of=20 International Narcotics Matters, International=20 Narcotics Control Strategy Report, U.S.=20 Government Printing Office, April 1994. [12] Ibid. [13] Kimery, Anthony L., "Big Brother Wants to=20 Look into Your Bank Account (Any Time It=20 Pleases)," Wired Magazine, December 1993. [14] Chicago Tribune, January 20, 1995. [15] Timothy C. May, "The Crypto Anarchist=20 Manifesto," September 1992. [16] Steven B. Duke and Albert C. Gross, America's=20 Longest War: Rethinking Our Tragic Crusade=20 Against Drugs, Putnam, New York, 1993. [17] Examples may be found in Steven Wisotsky,=20 Beyond the War on Drugs, Prometheus Books,=20 Buffalo, New York, 1990. [18] John Powell and Ellen Hershenov, "Hostage to=20 the Drug War: The National Purse, The=20 Constitution, and the Black Community,"=20 University of California at Davis Law Review, 24,=20 1991. [19] David B. Kopel, "Prison Blues: How=20 America's Foolish Sentencing Policies Endanger=20 Public Safety," Policy Analysis No. 208, Cato=20 Institute, Washington, D.C., May 17, 1994. [20] Milton Friedman, "Open Letter to Bill Bennet,"=20 Wall Street Journal, September 7, 1989. [21] Larry Keller, "Sheriff's Office Makes Own=20 Crack for Drug Stings," Fort Lauderdale News &=20 Sun Sentinel, April 18, 1989. [22] The quote may be found on page 5 in Andrew=20 Schneider and Mary Pat Flaherty, Presumed Guilty: =20 The Law's Victims in the War on Drugs, reprinted=20 =66rom The Pittsburgh Press, August 11-16, 1991.=20 [23] Melanie S. Tammen, "The Drug War vs. Land=20 Reform in Peru," Policy Analysis No. 156, Cato=20 Institute, Washington, D.C., July 10, 1991. [24] Rensselaer W. Lee, The White Labyrinth: =20 Cocaine and Political Power, Transaction, New=20 Brunswick, NJ, 1989. [25] House of Representatives, Banks Records and=20 Foreign Transactions concerning P.L. 95-508,=20 House Report 91-975, October 12, 1970.=20 [26] U.S. Senate Permanent Subcommittee on=20 Investigations, Crime and Secrecy: The Use of=20 Offshore Banks and Companies, U.S. Government=20 Printing Office, February 1983. [27] President's Commission on Organized Crime,=20 The Cash Connection: Organized Crime, Financial=20 Institutions, and Money Laundering, U.S.=20 Government Printing Office, October 1984. [28] Bank for International Settlements, Large=20 Value Funds Transfer Systems in the Group of Ten=20 Countries, May 1990. [29] Ernest T. Patrikis, Thomas C. Baxter Jr., and =20 Raj K. Bhala, Wire Transfers: A Guide to U.S. and=20 International Laws Governing Funds Transfer,=20 Probus Publishing Company, Chicago, IL, 1993. [30] The National Information Infrastructure:=20 Agenda for Action.=20 [31] David Kahn, The Codebreakers: The Story of=20 Secret Writing, Macmillan, New York, 1967. [32] The best accessible book on the subject is=20 Bruce Schneier, Applied Cryptography, John Wiley=20 & Sons, New York, 1994. [33] It could also fail for other reasons, such as a=20 signature garbled in transmission (solution: resend=20 it), or disagreement on the hash function (solution:=20 adopt a common standard, such as the Secure Hash=20 Standard, discussed later). [34] The activities of the NSA were first=20 comprehensively surveyed in James Bamford, The=20 Puzzle Palace: a Report on NSA, America's Most=20 Secret Agency, Houghton Mifflin Company,=20 Boston, 1982.=20 [35] David Burnham, The Rise of the Computer=20 State, Random House, New York, 1983. [36] Cryptology is divided into cryptography, the=20 art of secret writing (encryption), and cryptanalysis,=20 the art of code breaking. By analogy, thinking of=20 the world of banking divided into vault-keepers and=20 thieves.=20 [37] Computer Monitor Radiation (CMR) is=20 involved in the plot of Winn Schwartau's *Terminal=20 Compromise*, the best hacker novel available. A=20 freeware version, replete with misspellings and=20 other typos, under the filename termcomp.zip, is=20 available by ftp or gopher from many sites. One=20 location is ucselx.sdsu.edu/pub/doc/etext. [38] Cindy Skrzycki, "Dark Side of the Data Age,"=20 Washington Post, May 3, 1993. [39] Interviewed by Netta Gilboa in Gray Areas=20 Magazine. Interview reprinted in The Journal of=20 American Underground Computing, 1(7), January=20 17, 1995. [40] Attachment to memo from Wm. R. Loy 5/5/92,=20 (O/F)-9C1h(2)(a)-File (#4A). [41] I was a block away in a building with a view of =20 one of the World Trade Center towers when the=20 explosion occurred, but, along with all the Barclays=20 Precious Metals dealers, only found out about the=20 bomb when the news came across the Telerate=20 monitor a few minutes later. [42] Not that there weren't good motives for the=20 operation. For example, the four BATF agents slain=20 in the attack on the Branch Davidians were all ex- bodyguards for the Clinton presidential campaign,=20 and heaven knows we've already heard *enough*=20 revelations from Clinton's ex-bodyguards.=20 [43] INSLAW, discussed further below. [44] The latter statement is speculation on my part,=20 and I have no evidence to back it up. I am certainly=20 *not* referring to the following alleged sequence of=20 events, cited by Nicholas A. Guarino ("Money,=20 Fraud, Drugs, and Sex," January 26, 1995): When=20 Madison Guaranty Savings and Loan folds, it is=20 somewhere between $47 and $68 million in the=20 hole. The tab is settled at $65 million. One of the=20 biggest debtors to Madison is a Madison director, =20 Seth Ward, who is the father-in-law of Webb=20 Hubbell. Webb is Hillary Clinton's former law=20 partner and afterward (until April 1994) Associate=20 Attorney General (the Number 3 position) at the=20 Justice Department, who gets assigned to=20 investigate Whitewater. But when the Resolution=20 Trust Corporation (RTC) takes over Madison=20 Guaranty Savings & Loans, Hillary has been on=20 retainer to Madison for many months. The RTC=20 brings suit to obtain $60 million from Madison=20 Guaranty's debtors. But Hillary negotiates the RTC=20 down from $60 million to $1 million. Hillary then=20 gets the RTC to forgive the $600,000 debt Seth=20 Ward owes the RTC, leaving the RTC with=20 $400,000 out of the original $60 million owed. But=20 (surprise) Hillary does this as the counsel for the=20 RTC, not Madison. Her fee for representing the=20 RTC? $400,000, which leaves the RTC with=20 nothing. =20 [45] Dorothy E. Denning, "The Clipper Encryption=20 System," American Scientist, 81(4), July/August=20 1993, 319-323. The NIST and the Treasury=20 Department's Automated Systems Division were=20 designated as the initial escrow agents. [46] Matt Blaze, "Protocol Failure in the Escrowed=20 Encryption Standard," AT&T Bell Laboratories,=20 June 3, 1994. [47] Ray Pollari, Memorandum for the Acting=20 Assistant Secretary of Defense (C31), April 30,=20 1993. [48] National Institute of Standards and Technology=20 (NIST), The Digital Signature Standard, Proposal=20 and Discussion, Communications of the ACM,=20 35(7), July 1992, 36-54. [49] American National Standards Institute,=20 American National Standard X9.30-199X: Public=20 Key Cryptography Using Irreversible Algorithms=20 for the Financial Services Industry: Part 1: The=20 Digital Signature Algorithm (DSA), American=20 Bankers Association, Washington, D.C., March 4,=20 1993. [50] National Institute of Standards and Technology=20 (NIST), Secure Hash Standard (SHS), FIPS=20 Publication 180, May 11, 1993. [51] Office of Technology Assessment (OTA),=20 Information Security and Privacy in Network=20 Environments, September 9, 1994. [52] "TerrorDollars: Counterfeiters, Cartels and=20 Other Emerging Threats to America's Currency," =20 Washington Post, March 6, 1994. [53] Maggie Mahar, "Beneath Contempt Did the=20 Justice Dept. Deliberately Bankrupt INSLAW?,"=20 Barron's National Business and Financial Weekly,=20 March 21, 1988; and "Rogue Justice: Who and=20 What Were Behind the Vendetta Against=20 INSLAW?," Barron's National Business and=20 Financial Weekly, April 4, 1988; U.S. Congress,=20 Committee on the Judiciary, The Inslaw Affair,=20 House Report 102-857, September 10, 1992. [54] Thompson's, Congress backs claims that spy=20 agencies bugged bank software, Thompson's=20 International Banking Regulator, Jan. 17, 1994. [55] Hayek, Friedrich A. von, Denationalisation of=20 Money: An Analysis of the Theory and Practice of=20 Concurrent Currencies, The Institute of Economic=20 Affairs, Lancing, 1976. =A9 1995 J. Orlin Grabbe, 1280 Terminal Way #3, Reno, NV=20 89502. Internet address: kalliste@delphi.com =20