New NIST/NSA Revelations Less than three weeks after the White House announced a controversial initiative to secure the nation's electronic communications with government-approved cryptography, newly released documents raise serious questions about the process that gave rise to the administration's proposal. The documents, released by the National Institute of Standards and Technology (NIST) in response to a Freedom of Information Act lawsuit, suggest that the super-secret National Security Agency (NSA) dominates the process of establishing security standards for civilian computer systems in contravention of the intent of legislation Congress enacted in 1987. The released material concerns the development of the Digital Signature Standard (DSS), a cryptographic method for authenticating the identity of the sender of an electronic communication and for authenticating the integrity of the data in that communication. NIST publicly proposed the DSS in August 1991 and initially made no mention of any NSA role in developing the standard, which was intended for use in unclassified, civilian communications systems. NIST finally conceded that NSA had, in fact, developed the technology after Computer Professionals for Social Responsibility (CPSR) filed suit against the agency for withholding relevant documents. The proposed DSS was widely criticized within the computer industry for its perceived weak security and inferiority to an existing authentication technology known as the RSA algorithm. Many observers have speculated that the RSA technique was disfavored by NSA because it was, in fact, more secure than the NSA-proposed algorithm and because the RSA technique could also be used to encrypt data very securely. The newly-disclosed documents -- released in heavily censored form at the insistence of NSA -- suggest that NSA was not merely involved in the development process, but dominated it. NIST and NSA worked together on the DSS through an intra-agency Technical Working Group (TWG). The documents suggest that the NIST-NSA relationship was contentious, with NSA insisting upon secrecy throughout the deliberations. A NIST report dated January 31, 1990, states that The members of the TWG acknowledged that the efforts expended to date in the determination of a public key algorithm which would be publicly known have not been successful. It's increasingly evident that it is difficult, if not impossible, to reconcile the concerns and requirements of NSA, NIST and the general public through using this approach. The civilian agency's frustration is also apparent in a July 21, 1990, memo from the NIST members of the TWG to NIST director John W. Lyons. The memo suggests that "national security" concerns hampered efforts to develop a standard: THE NIST/NSA Technical Working Group (TWG) has held 18 meetings over the past 13 months. A part of every meeting has focused on the NIST intent to develop a Public Key Standard Algorithm Standard. We are convinced that the TWG process has reached a point where continuing discussions of the public key issue will yield only marginal results. Simply stated, we believe that over the past 13 months we have explored the technical and national security equity issues to the point where a decision is required on the future direction of digital signature standards. An October 19, 1990, NIST memo discussing possible patent issues surrounding DSS noted that those questions would need to be addressed "if we ever get our NSA problem settled." Although much of the material remains classified and withheld from disclosure, the "NSA problem" was apparently the intelligence agency's demand that perceived "national security" considerations take precedence in the development of the DSS. From the outset, NSA cloaked the deliberations in secrecy. For instance, at the March 22, 1990, meeting of the TWG, NSA representatives presented NIST with NSA's classified proposal for a DSS algorithm. NIST's report of the meeting notes that The second document, classified TOP SECRET CODEWORD, was a position paper which discussed reasons for the selection of the algorithms identified in the first document. This document is available at NSA for review by properly cleared senior NIST officials. In other words, NSA presented highly classified material to NIST justifying NSA's selection of the proposed algorithm -- an algorithm intended to protect and authenticate unclassified information in civilian computer systems. The material was so highly classified that "properly cleared senior NIST officials" were required to view the material at NSA's facilities. These disclosures are disturbing for two reasons. First, the process as revealed in the documents contravenes the intent of Congress embodied in the Computer Security Act of 1987. Through that legislation, Congress intended to remove NSA from the process of developing civilian computer security standards and to place that responsibility with NIST, a civilian agency. Congress expressed a particular concern that NSA, a military intelligence agency, would improperly limit public access to information in a manner incompatible with civilian standard setting. The House Report on the legislation noted that NSA's natural tendency to restrict and even deny access to information that it deems important would disqualify that agency from being put in charge of the protection of non-national security information in the view of many officials in the civilian agencies and the private sector. While the Computer Security Act contemplated that NSA would provide NIST with "technical assistance" in the development of civilian standards, the newly released documents demonstrate that NSA has crossed that line and dominates the development process. The second reason why this material is significant is because of what it reveals about the process that gave rise to the so- called "Clipper" chip proposed by the administration earlier this month. Once again, NIST was identified as the agency actually proposing the new encryption technology, with "technical assistance" from NSA. Once again, the underlying information concerning the development process is classified. DSS was the first test of the Computer Security Act's division of labor between NIST and NSA. Clipper comes out of the same "collaborative" process. The newly released documents suggest that NSA continues to dominate the government's work on computer security and to cloak the process in secrecy, contrary to the clear intent of Congress. On the day the Clipper initiative was announced, CPSR submitted FOIA requests to key agencies -- including NIST and NSA -- for information concerning the proposal. CPSR will pursue those requests, as well as the pending litigation concerning NSA involvement in the development of the Digital Signature Standard. Before any meaningful debate can occur on the direction of cryptography policy, essential government information must be made public -- as Congress intended when it passed the Computer Security Act. CPSR is committed to that goal. *************************************************** David L. Sobel CPSR Legal Counsel (202) 544-9240 dsobel@washofc.cpsr.org