Against Crypto Regulations - Government of Japan withdraws from the "International Statement: End-To-End Encryption and Public Safety"!
The Japanese government should withdraw from the "International Statement: End-To-End Encryption and Public Safety" (the "Statement") issued on October 11, 2020 signed by the United Kingdom, United States, Australia, New Zealand, Canada, India and Japan.
We oppose the Statement for the following reasons
(1) It clearly violates the "secrecy of communication" clause in Article 21 of the Japanese Constitution.
(2) The statement is contradictory in that it stresses the significance of encryption, while at the same time urging the IT industry to introduce technology to weaken encryption so that it can be read and used by law enforcement agencies in exceptional cases. This is a contradiction in terms. We oppose exceptions to encryption.
(3) The statement argues that regulation of encryption is essential for the protection of "highly vulnerable members of society. However, the widespread support of human rights activists, journalists, and others, as well as the privacy of those involved, should also protected by encryption. Encryption regulation idisregards protection for "vulnerable populations.
(4) Despite its ostensible reasoning, the statement builds a communications infrastructure that allows law enforcement agencies to exercise privileged authority over the secrecy of our communications.This encourages the creation of a surveillance state. It will lead to the violation of the right to communication and fundamental human rights of all people, including "vulnerable populations.
For these reasons, we oppose "International Statement: End-To-End Encryption and Public Safety." and demand that the Japanese government withdraw from this statement.
March 2021
JCA-NET Board of Directors
Note: End-to-end encryption keeps communications confidential between the sender and receiver. This way, no third party can access the communications, including the company providing the service. Encryption also protects information stored on computers, cellular telephones, and other digital devices, and helps ensure that if the device is lost or stolen the information on the device is protected. (From a statement by the Global Cryptography Coalition https://www.globalencryption.org/2020/10/cdt-gpd-and-internet-society-r…)
Reference: International trends and criticism of crypto regulations
https://www.globalencryption.org/2020/10/cdt-gpd-and-internet-society-r…
(Japanese) https://www.alt-movements.org/no_more_capitalism/hankanshi-info/knowled…
https://tutanota.com/blog/posts/why-a-backdoor-is-a-security-risk/
(Japanese) https://www.alt-movements.org/no_more_capitalism/hankanshi-info/knowled… good/
https://www.eff.org/deeplinks/2021/02/incoming-biden-administration-off…
(Japanese) https://www.alt-movements.org/no_more_capitalism/hankanshi-info/knowled…- change-course-encryption_jp/
https://www.gp-digital.org/trends-in-the-encryption-debate-from-intelli…
(Japanese) https://www.alt-movements.org/no_more_capitalism/hankanshi-info/knowled…
https://protonmail.com/blog/joint-statement-eu-encryption/
(japanese) https://www.alt-movements.org/no_more_capitalism/hankanshi-info/knowled…
https://tutanota.com/blog/posts/earn-it-barr-encryption/
(Japanese) https://www.alt-movements.org/no_more_capitalism/hankanshi-info/knowled…- encryption/
https://www.tutanota.com/blog/posts/eu-backdoor-surveillance
(Japanese) https://www.alt-movements.org/no_more_capitalism/hankanshi-info/knowled…
International Trends
Movements toward cryptographic regulations are active in English-speaking countries, mainly the U.S., and the EU, and tend to spread to other countries. This statement should be understood as a part of this international trend. The reasons for cryptographic regulations vary from region to region, but all regions have in common the fact that they are trying to legislate cryptographic regulations and implement them as technology by pushing forward issues that are likely to be agreed upon by public opinion.
The Global Encryption Coalition, an organization that opposes international cryptography regulations, was quick to issue a statement against this statement. JCA-NET is also a member organization of the Global Encryption Coalition)
https://www.globalencryption.org/2020/10/cdt-gpd-and-internet-society-r…
Japanese translation: https://www.alt-movements.org/no_more_capitalism/hankanshi-info/knowled… -argument-for-encryption-backdoors/>
- The 2019 Osaka G20 summit statement is quoted at some length because it is important as a catalyst for creating an intergovernmental consensus to effectively take steps toward encryption regulation, although it does not include any mention of encryption.
- 2019 Osaka Summit "G20 Osaka Leaders' Statement on Preventing the Misuse of the Internet by Terrorism and Violent Extremism Leading to Terrorism (VECT)
Available at: https://www.mofa.go.jp/policy/economy/g20_summit/osaka19/en/documents/f…
(Japanese) https://www.mofa.go.jp/mofaj/gaiko/g20/osaka19/jp/documents/final_g20_s…
"We urge online platforms to step up the ambition and pace of their efforts to prevent terrorist and VECT content from being streamed, uploaded, or re-uploaded. We strongly encourage a concerted effort to set out, implement and enforce terms of service to detect and prevent terrorist and VECT content from appearing on their platforms. Amongst other measures, this may be achieved by developing technologies. Where terrorist content is uploaded or livestreamed, we underline the importance of online platforms addressing it, in a timely manner, to prevent proliferation, while ensuring that documentary evidence is preserved. We welcome online platforms' commitment to provide regular and transparent public reporting, as set out in their policies and procedures."
- July 2019: Five country ministerial 2019 Emerging Threats London
2019: Joint Meeting of FCM and Quintet of Attorneys-General
https://assets.publishing.service.gov.uk/government/uploads/system/uplo…
- September 2020: Politico publishes an internal document from the EUj Council on "Technical solutions to detect child sexual abuse in end-to-end encrypted communications".
Available at: https://www.politico.eu/wp-content/uploads/2020/09/SKM_C45820090717470-…
- October 2020, (U.S. Department of Justice International Statement) End-to-End Encryption and Public Safety (this statement)
- December 2020, Council of the European Union draft resolution on new rules to govern the use of end-to-end encryption in Europe
- December 2020, United States, Treasury Department's Financial Crimes Enforcement Network (FinCEN)
Proposed regulations requiring money service providers (including, for example, cryptocurrency exchanges) to collect identity data on people who use self-hosted cryptocurrency wallets and foreign exchanges to transact with their customers
https://www.eff.org/deeplinks/2020/12/us-government-targeting-cryptocur…
(Japanese)https://www.alt-movements.org/no_more_capitalism/hankanshi-info/knowled…