From: Lexology
Doron Hindin | Herzog Fox & Neeman
Abstract: With active debate in the United States and Western Europe about how governments should deal with the challenges of powerful, commercially available encryption, it is instructive to examine how Israel has been regulating encryption for decades.
Recent terrorist attacks have rekindled debate about the limits of surveillance and how governments should deal with the challenges of powerful, commercially available encryption.
***
Israel also merits attention because it goes significantly further than required by the international agreement regulating encryption-capable products. The Wassenar Arrangement, which similarly regulates intrusion software and surveillance technologies, (as discussed in this Unfolding post), is limited to the creation of export controls for such goods and technologies. Israel has adopted a much farther-reaching regulatory system that effectively governs all forms of encrypted software and hardware, regardless of export. At the same time, the Israeli encryption control mechanisms operate without directly legislating any form of encryption-key depositories, built-in back or front door access points, or other similar requirements. Instead, Israel’s system emphasizes smooth initial licensing processes and cultivates government-private sector collaboration.
Leave a Reply