Dutch Government Supports Encryption, Opposes Backdoors

from the living-in-fear-isn't-for-us,-thanks dept

Tue, Jan 5th 2016 12:48pm — Tim Cushing

Running somewhat against the grain of the current political climate, the Netherlands government has issued a statement strongly supporting encryption (for everyone, not just the government) and against the idea of intelligence/law enforcement backdoors. Patrick Howell O'Neill of the Daily Dot has the details:

The Dutch executive cabinet endorsed “the importance of strong encryption for Internet security to support the protection of privacy for citizens, companies, the government, and the entire Dutch economy,” Ard van der Steur, the Dutch minister of security and justice, wrote in the statement. “Therefore, the government believes that it is currently not desirable to take legal measures against the development, availability and use of encryption within the Netherlands.”

This statement of support contrasts with recent efforts by European countries to institute encryption bans or backdoors. This is also somewhat at odds with recent efforts by this same government to grant greater surveillance and hacking powers to its intelligence/law enforcement agencies.

The statement also hedges its pro-encryption stance slightly. While generally opposed to mandatory backdoors, it does suggest service providers with the power to decrypt communications may be required to do so at the request of the government. The concluding paragraphs of the statement hint that investigatory/national security "needs" may occasionally outweigh the greater good of secured communications.

But overall, the pro-encryption statement shows this government understands the net positive of strong encryption. Sure, it may occasionally hinder investigators or intelligence operations, but it also defends against foreign surveillance efforts, state-sponsored attacks and criminals.

As O'Neill points out, the Netherlands may become something of a "safe harbor" for tech companies looking to protect their customers from neighboring governments who have opted to fight the War on Terror by engaging in a War on Encryption.

If strong end-to-end encryption is banned in major Western nations, countries like the Netherlands may become important islands of legal cryptography that stymie anti-encryption efforts.

The debate over encryption has gotten to the point where encryption-friendly countries are viewed as pockets of resistance by their neighbors -- which is truly perverse, considering the efforts will do more to keep bad guys out than provide shelter for wrongdoers.

Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.

Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.

While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.

–The Techdirt Team

Filed Under: backdoors, dutch government, encryption, going dark, netherlands, privacy

12 Comments

If you liked this post, you may also be interested in...

Reader Comments

Subscribe: RSS

View by: Time | Thread

DannyB (profile), 5 Jan 2016 @ 1:08pm

Why can't smart people solve this?
The Dutch should focus on developing encryption that is not encrypted.

And locked locks that are unlocked when they are locked.

And windows that are only transparent if you are looking into someone's house for a legitimate purpose, otherwise the windows are opaque.

Golden Keys to open Back Doors that only work for good guys, assuming you can even define who the good guys are.
[ link to this | view in thread ]
Anonymous Coward, 5 Jan 2016 @ 2:40pm

perhaps memories of WW11 came to the forefront of those who were around and they convinced those who weren't how bad things got when Holland, like the rest of Europe, was overrun and every aspect of every person was under constant scrutiny! going back to those days doesn't bear thinking about does it?
[ link to this | view in thread ]
Aaron Walkhouse (profile), 5 Jan 2016 @ 3:15pm

Since IBM was actively engaged in that constant scrutiny
I wonder if they have any advice for governments today… ;]
[ link to this | view in thread ]
Bernd, 5 Jan 2016 @ 3:19pm

where their mouth is
The Dutch government also gave 500.000 euros (540.000 USD) to OpenSSL a few months ago.

source: http://www.theregister.co.uk/2016/01/04/dutch_government_says_no_to_backdoors/
[ link to this | view in thread ]
Anonymous Coward, 5 Jan 2016 @ 3:35pm

Hhmmm
..."considering the efforts will do more to keep bad guys out than provide shelter for wrongdoers."

And look who is most against encryption.

The things that make you go hhhmmm.
[ link to this | view in thread ]
Anonymous Coward, 5 Jan 2016 @ 3:48pm

Re: Why can't smart people solve this?
I think what's happened is that the Dutch have seen that "good guys" has been defined as the US government. Since the Netherlands aren't part of the US government, this means that Golden Keys to their data will be held by a foreign state if they are made. Ergo, no Golden Keys.
[ link to this | view in thread ]
Anonymous Coward, 6 Jan 2016 @ 12:55am

How long before they get targeted for the US then for not toeing the party line I wonder.

Will it be sanctions, sabotage and assassinations, overthrowing their government to set up a more friendly one or just dropping bombs on them from afar.

This isn't sarcasm as that's what the US government does when foreign governments oppose them and their ideals.
[ link to this | view in thread ]
frank87 (profile), 6 Jan 2016 @ 1:43am

Re:
The Dutch intelligence services are completly dependent on the US-services.
They don't have to break encryption, the NSA does it for them.
[ link to this | view in thread ]
Ninja (profile), 6 Jan 2016 @ 2:46am

Re: Why can't smart people solve this?
While we are at that we can ask for instant transportation pixie powder, a cure all panacea or something, an elixir of eternal life and a resurrection injection. Easy!

PS: I see what you did there ;)
[ link to this | view in thread ]
Bas Grasmayer (profile), 6 Jan 2016 @ 2:54am

Re: Re: Why can't smart people solve this?
Yet they see no problem with handing over bulk info about bank transactions to the American gov't..
[ link to this | view in thread ]
Éibhear (profile), 6 Jan 2016 @ 4:29am

Good move, economic sense
If the US and UK governments proceed with their plans to interfere with encryption, any companies developing encryption software will be forced to relocate or comply.

The Netherlands is now a viable location to move to if "comply" is not an option.

Jobs.
[ link to this | view in thread ]
frank87 (profile), 6 Jan 2016 @ 5:00am

The devil in the details
Some points that can spoil the fun:
1. Your privacy can be invaded to prevent you from doing something illegal ("het voorkomen van strafbare feiten"). Here's the thought police.
2. They will force you, and your IT provider to decrypt everything. (So if the US get's the golden key, the Dutch government will try to get it from the providers).
[ link to this | view in thread ]