International legal aspects of cryptography: Understanding cryptography

Historically, the legal systems in different countries have had to adapt to the advances in technology. For instance, the appearance of automobiles as a popular means of transportation led in the last century to the creation of driving laws and traffic police; in the telecommunications field, telephone networks have made their way into local legislation, with implementations such as government security agencies able to perform surveillance activities through wiretapping of telephone communications. The phenomenal advance of computer technology and network communications, most clearly exemplified by the reach and popularity of the Internet today, is gradually finding its way within legal frameworks throughout the world. However, the constantly evolving environment and complex technical issues involved in this area make it a particularly hard subject to approach legally, requiring from lawmakers both expertise and up-to-date knowledge in order to legislate logically and usefully. In this context, cryptography is only one of numerous computer-based technologies in widespread use [1], but it is a mathematically intricate and often misunderstood area, and thus one of the most difficult to include in legal frameworks. Furthermore, attempts to regulate cryptography, most predominantly when some kind of limit or control is involved, have originated heated debates in recent times, and the delicate balance between national security and individual freedoms has proven to be extremely hard to achieve in this particular field.