[This is a VTW document, not an official EFF statement.] Subject: The Clipper Chip FAQ What is the Clipper Chip? What exactly does the Clipper Chip do? The Clipper Chip is an electronic device that encodes communication between two parties so that no one but: . the two people communicating, and . law enforcement officials can understand the conversation. This is because the conversation is scrambled using a secret "key". The name for this encoding technique is called "cryptography" and has been around for hundreds, if not thousands, of years in some form or another. In what sorts of products might the Clipper Chip be used? According to the White House Clipper Fact Sheet dated April 16, 1993, the Clipper Chip "... can be used in new, relatively inexpensive encryption devices that can be attached to an ordinary telephone." Why are so many people objecting to the Clipper Chip? There are five main objections to the Clipper Chip: 1. The encoding scheme was developed in secret by the National Security Agency (NSA). There are other better understood and perhaps stronger algorithms available. Why not consider them? Among cryptographic professionals, it is considered poor form to hide the algorithm used to perform the encryption. This is because encryption algorithms that look good to one cryptographer can be found to be obviously weak by another. By encouraging public review of an encryption method, cryptographers benefit from the experience of other cryptographers, who can more adequately examine an algorithm for weaknesses. By keeping the encoding method used in the Clipper Chip (known as SkipJack) secret, there may be weaknesses that might have been found during review by other cryptography professionals. Because this algorithm would be used by so many people throughout our country, it is absurd to not subject the Clipper Chip algorithm to thorough examination. 2. The method for making the keys available to law enforcement officials does not go far enough to protect the privacy of individuals. If you have a private conversation that a law enforcement official wishes to decode, they must go through the following process to obtain your key to decode your conversation. . First, they obtain a warrant to perform a wiretap. . Second, they fax a request to the keepers of the keys claiming that they have a wiretap, and need the Clipper key for your phone. Note that they do not need to actually present the signed wiretapping order to the "keepers" to obtain your key. They only need to claim they possess it. . Third, they decode your conversation. Note that your key will allow them to decode your conversations for as long as you own your phone. There are no provisions that would inform you that your phone is no longer useful for private communication once the wiretap is completed. Furthermore, there are no clear requirements that they destroy their copy of your Clipper key. Because your key is accessible to so many people, it is quite possible to imagine a law enforcement official requesting your key, and then carelessly allowing it to fall into other's hands. 3. All of the keys for all Clipper Chips are available to a small group of people (two or three). By corrupting two or three people, the privacy of all Americans using the Clipper chip would be compromised. We as Americans have one of the most accomplished intelligence agencies of any government, the CIA. The recent arrest of CIA turncoat Aldritch Ames shows that even the world's best intelligence organization is vulnerable to corruption. If the CIA cannot protect itself from its own people, how can we trust one or two people in any US law enforcement agency with the privacy of all Americans? 4. Since there has yet to be presented a wiretap order that couldn't be fulfilled because of encryption, why is this new method required? Many law-enforcement officials claim that advancing technology can hamper law enforcementUs ability to implement a wiretap. However according to the 1992 report by the Attorney General to Congress, entitled "Report on Applications for Orders Authorizing or Approving the Interception of Wire, Oral, or Electronic Communications (Wiretap Report)", only 919 wiretaps were approved. Of these, only 340 were federal administered wiretaps. Louis Freeh, Director of the FBI, testified at the March 18th, 1994 Senate hearing on Digital Telephony that there has *never* been a single wiretap order that they have not been able to implement because of advancing technology. 5. Good governments come and go, as do bad governments. During the Hoover's tenure as head of the FBI, FBI agents were persecuting anyone with unpopular political opinions. We've got a good government right now, but that doesn't mean it will always be that way. Let's not build a tool for a future bad government to use against its citizens. How can I help prevent encryption schemes such as the Clipper Chip from encroaching on my privacy? Stay alert. Sooner or later a piece of legislation may be introduced that addresses the Clipper Chip. Until then, please feel free to contact your Senator or Representative and explain to them how you feel. SAMPLE LETTER OR PHONE CALL The Honorable ____________ address Washington DC, 20515 (Representatives) Washington DC, 20510 (Senators) Dear __________, I wish to urge you to oppose introduction of the Clipper Chip. The Clipper Chip is a scheme designed by NIST and the NSA for purportedly protecting law enforcement ability to wiretap communications. The Clipper Chip does little to protect individuals from abuse of corrupt law enforcement. Furthermore the procedures that govern safekeeping of the confidentiality of the Clipper Chip's "secret keys" are not well-thought out, and do little to protect the privacy of the individual. Please oppose the Clipper Chip, Sincerely, ___________________________________