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Netherlands: Cryptology ban

01 May 1994

Minister of Justice Mr Ernst Hirsch Ballin has proposed a bill outlawing the uncontrolled use of cryptography. According to a press statement about the still confidential bill private individuals, including criminals, now have access to cryptographic software and hardware of similar quality to "potentially hostile foreign powers". Therefore the minister feels they have to be treated accordingly. Under the proposed legislation cryptographic software and hardware, both for communications and stand-alone security purposes, will become subject to a licensing regime which prevents uncontrolled distribution. Users will have to deposit the key to their appliances with a central depository agency that may supply this information to police and security services if needed. Privacy protectors and representatives of computer industries and banks have already protested against the proposal.

This Dutch proposal implies a much greater intrusion in civil liberties than the "Clipper Chip" proposal currently under discussion in the US. It can be foreseen that the government will eventually "give in" to protests and settle for a US-type solution of an mandatory, state-controlled cryptography system.