On September 6, 1997, the New York Times reported on the expiration of two landmark patents which laid the foundation for public-key cryptography.
Just a few months later (24 December 1997), there was another article, reporting that public-key encryption was discovered even earlier than the work of those who received the just expired patent.
Other NY Times articles on encryption may be found in "New York Times Coverage of Encryption" (http://www.nytimes.com/library/tech/reference/index-encrypt.html).
================================================================== NY Times: September 6, 1997 A Patent Falls, and the Internet Dances By Peter Wayner http://www.nytimes.com/library/cyber/week/090697patent.html When tyrants die, the people parade with the head on a stick; when loved ones pass on in Ireland, the families celebrate a life well-lived; but when patents expire, they often slip away into the night. From the beginning, though, patent 4,200,770 was different. This Saturday night a group of computer scientists, Internet fanatics and Beltway politicos will gather in Washington, D.C.; Silicon Valley; and Boston to celebrate the end of the patent granted to Whitfield Diffie and Martin Hellman for a way to encrypt data. The party will toast the beginning of the end of an era when some of the greatest techniques for encrypting information were controlled by a few pivotal companies. The science of secret codes is proving to be essential technology for securing the Internet, and the techniques developed by Diffie and Hellman are some of the most useful. Banks use them to protect their money, companies use them to defend against industrial espionage and parents use them to protect their children against pedophiles and pornographers trolling the Internet. The patent granted to Diffie and Hellman is the first of a group that emerged from scientists at Stanford University and the Massachusetts Institute of Technology during the end of the 1970's. On October 6, patent 4,218,582 will expire. It was granted to Hellman and Ralph Merkle, another graduate student at the time, for a public key encryption system that was later broken. The most famous patent, however, was probably the one given to Ron Rivest, Adi Shamir and Len Adleman, who were all at MIT at the time. It will last until September 20, 2000. In the past, anyone who wanted to use the most famous encryption algorithms would need to negotiate licenses with either RSA Data Security or Cylink, the two companies that controlled the major patents. The companies were relatively open with their licenses and RSA Data Security even published general terms. But many scientists, programmers and tinkers still felt that all of the legal paperwork and money hampered their ability to add encryption to software. Many critics openly questioned the basis for the patents and some even wondered whether it was part of a larger government plot to suppress the technology. To make matters worse, it was difficult to determine just how much value encryption added to a product. For instance, consider a neat electronic mail program with the ability to encrypt messages. If someone pays $40 for it, is $20 being spent on the encrypting capability? Or is $10 a closer number? This made it necessary to engage in complex negotiations to settle royalties for the patents, adding more confusion and friction to the mix. All of that anger and animosity, however, should start to expire with the first patent on Saturday. "If there's a sudden blossoming, then the critics will be right that the patenting held up the technology." Hellman said in a telephone interview on Thursday. "But there are other factors there. The export restrictions. The slow standard (development) process." The National Institute of Standards and Technology is still debating whether to work on a public-key encryption standard and it has only recognized a very limited system for creating digital signatures. The party in Washington may lead to this blossoming. It is being sponsored by the capital area branch of the Cypherpunks, a loosely knit organization defined, for the most part, by people who subscribe to a mailing list. The group has no formal membership, but many subscribers, to judge from the content of the discussion, are opposed to letting the government gain access to people's private correspondence. Many toss about phrases like "You'll get my key when you pry it from my cold, dead hands." or "When encryption is outlawed, only outlaws will have encryption." Many members of the group recognize that public policy on the Internet is not defined by talking, but by distributing software. Governmental policy analysts like Vannevar Bush were dreaming of the World Wide Web in the 1950s, but the reality began when the first browsers like Mosaic started appearing. The Cypherpunks have determined to write the software that will make encryption more ubiquitous. One early effort by Phil Zimmerman, of Pretty Good Privacy, has already launched a commercial effort backed by venture capital. The first half of the party will be aimed at creating more pioneering software. The technical excitement is being shared by the former patent owners, who have very little choice but to be gracious. Jim Omura is the chief technical officer and one of the founders of Cylink, the company that bought control of the patent from Stanford. "Now, it's free and available to everyone," he said in a phone interview, adding that his company would work with many to encourage open use of the algorithm in standards. Cylink is already licensing some source code that uses the technology to companies like Sun. The end of the animosity also allows everyone to relax and praise the contributions without fear of compromising a legal position. Patents are only granted to new and noteworthy contributions, and "obvious" improvements are not eligible. The definition of what is "obvious" however, is open to interpretation and often settled only by endless litigation. Competitors will often denigrate another's invention to weaken the patent. The end of the patent, however, leads to a dtente. By everyone's estimation, the invention by Diffie and Hellman was a pivotal moment in network security, a crucial component of public privacy, and also an elegant and simple mathematical solution. In essence, Diffie and Hellman developed a way for two people to set up a secure communication channel without ever meeting. Encryption was well-understood at the time, but no one had a very good idea of how to handle the keys that are used to keep the data secret. The keys are long numbers that act to scramble the data. Anyone with a copy of the key can read the data, but the message remains secret to those without a copy. Before the invention, people had to either agree to a key in advance or have some trusted courier carry a copy between them. Today, banks still have this problem distributing PIN numbers to the people who use their ATMs. The banks send the cards and the PIN numbers in different envelopes to minimize the possibility that someone could steal both. Diffie and Hellman found a way to use fairly simple arithmetic with big numbers to let two people agree upon a key. The crucial detail was that anyone eavesdropping on the conversation would not be able to pick up a copy of the key by listening to the negotiation. Diffie believes that he never would have developed public key cryptography if he hadn't had an anti-authoritarian view. "In 1965 someone mistakenly told me that NSA (National Security Agency) encrypted the phones in their own building." he said. "I tried to think how it could work but I never understood classical 'trusted third party' key distribution. My view of cryptography was that it freed you from having to trust anyone other than the people you were communicating with." The NSA and other cryptographers used more centralized key distribution systems that, like Caesar's wife, needed to be above suspicion. Each person would have a single key he shared with the central repository. That is, there would be a secure channel between the central repository and each person. When Alice and Bob, for example, wanted to set up a secure link, both would ask the central system for a new key they could use to encrypt their conversation. The new key would be mailed to both hidden by the two channels. The central key repository was an unavoidable part of the system before their invention. Their approach is simple enough to explain in two paragraphs that can be skipped by the math-averse: To find a key, Alice chooses a random number "a" and Bob chooses a random number "b." They also agree on some value of "g" in advance. Alice ships g^a [that is, g raised to the power a, as in 2^3=8] to Bob and Bob ships g^b to Alice. Alice computes (g^b)^a and Bob computes (g^a)^b. These are equal according to the basic rules of algebra and they can serve as the key. The system can't be broken because the arithmetic occurs in a "finite field." That is, after each arithmetic operation, the result is divided by some prime number, "p," and only the remainder is kept. This is often indicated by appending "mod p" to the equation. Surprisingly, all of the basic rules of arithmetic and algebra still apply. Some operations, however, are harder. No one knows an efficient way to take g and g^a and find a. This is known as taking the "discrete log," and the fact that no one has described an easy way to do it means that the link is secure. No eavesdropper can listen in and take apart the (g^a) or the (g^b) to discover a or b. The invention was the culmination of a strong working relationship that began in September 1974. Before that, Diffie had been traveling the country with his wife, Mary, discussing cryptography with anyone who was available. At the time, there was very little published material about modern methods and much was classified. Very few people were interested in the topic and Hellman even says that many of his colleagues felt that it was "born classified," like secrets about the atomic bomb, because it was so important to national security. That September, Diffie made a half-hour appointment with Hellman. "I gave Mary the car and went off to see Marty," he recalled. "Each of us found the other the best informed person he'd met who was willing to talk. After an hour or so Mary came back and Marty invited us over for dinner. It turned out that both his wife and Mary were big dog aficionados. We all got along wonderfully and talked 'till nearly midnight." Diffie and Hellman began holding weekly seminars to discuss problems and possible solutions. While Diffie was technically a graduate student at the time, both he and his nominal adviser, Hellman, both agree that this was more a convenient classification that made it easier for Hellman to use research money to provide support. Diffie never graduated with a Ph.D., but later was awarded an honorary doctorate by the Swiss Federal Institute of Technology. (He also never graduated from high school.) Soon after, Ralph Merkle arrived as a graduate student and started working on cryptography. Merkle would later invent a full public-key system known as the "knapsack." This approach offered more than just a way for two people to set up a secure channel, it provided a way for digital signatures to be created. Patent 4,218,582 covered that invention, but its value was short-lived. Adi Shamir, the S in the rival RSA system, found a way to break it. Peter Blattman, a Berkeley graduate student, told Diffie that Ralph Merkle was trying to solve the problem of communicating securely with someone you had never had any contact with before. "I persuaded him it couldn't be done," Diffie said with a grin, "but then I went back to thinking about the problem. I didn't learn anything about Merkle's approach, but without that conversation, I probably never would have made my discovery." In the meantime, Hellman recalls asking colleagues for suggestions of mathematical equations that were easy to compute, but hard to work backward. Several gave him ideas, but John Gill, a mathematics professor at the University of California at Berkeley, pointed him toward computing exponents in finite fields. "We really owed this to John Gill," he said. During this development period, Hellman and Diffie traveled and occasionally gave talks. This disclosure hurt their position in the patenting process. Foreign patents, for instance, must be filed before any public discussion. In the United States, the application must be made within one year of disclosure. As a result, their patent only held in the United States and many people probed the history of the talks looking to invalidate the patents. Patent law has never been clear on what constitutes disclosure. There were other legal controversies. In 1977, people weren't even sure that it was possible to get a patent for software because patents were only granted for mechanisms, not the laws of nature that presumably included the mathematics at the core of their claims. The lawyers for Stanford University, where Hellman was a professor and Diffie a graduate student, sidestepped this approach by patenting a circuit. This move, while still debated, is common today. In the end, the patents never brought much money to either Stanford or the inventors. Diffie says that his total royalties are about $10,000. MIT did much better with the RSA patent. Over the last decade, RSA Data Security, the sole license holder of that patent, returned so much money to MIT that the university is naming a chair after the company. One person in the company places the amount at about $10 million, but concedes that some of this came from the appreciation of the equity the university held in the company. Still, this doesn't inflame Diffie. "The reason is that I haven't made much off of royalties, but I have made a lot off the invention." he said. "I owe it good jobs over 20 years that's more than a million dollars." He is currently holds the title of Distinguished Engineer at Sun Microsystems. ________________________________________________________________ Related Sites Following are links to the external Web sites mentioned in this article. These sites are not part of The New York Times on the Web, and The Times has no control over their content or availability. When you have finished visiting any of these sites, you will be able to return to this page by clicking on your Web browser's "Back" button or icon until this page reappears. * Cylink * RSA Data Security * National Institute of Standards and Technology * Cypherpunks home page * Pretty Good Privacy * National Security Agency ________________________________________________________________ Peter Wayner at firstname.lastname@example.org welcomes your comments and suggestions. ________________________________________________________________ Copyright 1997 The New York Times Company References 6. http://www.nytimes.com/library/cyber/week/090697patent.html#1 7. http://www.nytimes.com/library/cyber/week/090697patent.html#1 8. http://www.nytimes.com/library/cyber/week/090697patent.html#1 9. http://www.nytimes.com/library/cyber/week/090697patent.html#1 10. http://www.nytimes.com/library/cyber/week/090697patent.html#1 11. http://www.nytimes.com/library/cyber/week/090697patent.html#1 12. http://www.cylink.com/ 13. http://www.rsa.com/ 14. http://www.nist.gov/ 15. ftp://ftp.csua.berkeley.edu/pub/cypherpunks/Home.html 16. http://www.pgp.com/ 17. http://www.nsa.gov:8080/ 18. mailto:email@example.com 26. http://www.nytimes.com/info/help/copyright.html ================================================================== NY Times: December 24, 1997 British Document Outlines Early Encryption Discovery By Peter Wayner http://www.nytimes.com/library/cyber/week/122497encrypt.html To the list of institutions that Tony Blair's Labor Party is shaking up, add the British Secret Service. Last week, the British government's eavesdropping organization known as the Government Communications Headquarters, or GCHQ, posted a document to its Web site describing its role in the discovery of public key cryptography. The set of algorithms, equations and arcane mathematics that make up public key cryptography are a crucial technology for preserving computer privacy in and making commerce possible on the Internet. Some hail its discovery as one of the most important accomplishments of 20th-century mathematics because it allows two people to set up a secure phone call without meeting beforehand. Without it, there would be no privacy in cyberspace. The move by the once dusty and secretive organization is clearly an attempt to recast its image as a pioneering leader of cyberspace. For the last 20 years, the public gave credit for the discovery to Martin Hellman, a professor at Stanford University, and two graduate students who worked with him at the time, Ralph Merkle and Whitfield Diffie. They started publishing their work in 1976. Three professors at the Massachusetts Institute of Technology at the time, Ron Rivest, Adi Shamir and Len Adleman soon followed with another similar approach known by their initials, RSA, which went on to become one of the dominant solutions used on the Internet. Before public key cryptography, anyone who wanted to use a secret code needed to arrange for both sides to have a copy of the key used to scramble the data, a problem that requires either trusted couriers or advance meetings. PKC, as it is sometimes known, erased this problem by making it possible for two people, or more properly their computers, to agree upon a key by performing some complicated mathematics. There is no publicly known way for an eavesdropper to pick up the key by listening in. The new document details how three employees of the British government discovered the same approach several years earlier, but kept it a secret for reasons of national security. A spokesman for the British government's GCHQ, said that the document's release is part of a "pan-governmental drive for openness" pushed by the Labor party. The document describing the steps of invention taken by the spies was written by James Ellis, a mathematician and cryptographer who died less than a month ago. In it, Ellis describes how he suggested the existence of what he called "non-secret encryption" in 1970s. Ellis says that Clifford Cocks followed with a more practical solution in 1973 that was essentially the same thing as the algorithm published by Rivest, Shamir and Adleman. The paper also says that Malcolm Williamson discovered an algorithm in 1974 that was very similar to the work of Diffie and Hellman. They did not replicate the work done by Merkle and Hellman. In a telephone interview from his office in La Jolla, Calif., Malcolm Williamson said that he felt bad when others discovered the solution, but concluded, "I was working at the British government and that's just one of the restrictions you work under when you work for the government." Hellman said in a telephone interview that he agrees. "It must be really difficult for them to watch other people get the credit," he said. "But that's the agreement they made when they agreed to work in secret." He was also quick to point out that the secret branches of the government have the help of large budgets and classified knowledge. "Diffie, I and Merkle were working in a vacuum." he said. "If we had access to all of the classified literature of the previous 30 years, it would really be an advantage." For his part, Diffie said in a telephone interview from Cirencester, England, that he thinks that GCHQ never realized the deep importance of what the mathematicians discovered. He said that he met James Ellis several years ago and "within an hour of meeting me, Ellis said, 'You did much more with this than we did.'" Diffie also suggested that the history of ideas is hard to write because many people often find solutions to different problems only to later determine they've discovered the same thing. The story keeps going farther back. Recently, Matt Blaze, a cryptographer employed at Bell Labs, got a copy of a memorandum from the desk of John F. Kennedy about the problem of securing nuclear weapons with launch codes. Steve Bellovin, a colleague of Blaze's at Bell Labs, said: "When I read this memo, I don't see anything that would require public key cryptography. But I think they're in the neighborhood. For so many things, the answer is the easy part. Asking the question is the hard part. I think this got them asking the questions." Historians of science will certainly spend time sorting out the various claims. David Kahn, the author of the best selling history The Codebreakers, said that he recently asked the National Security Agency to declassify some documents so he could write the proper history of public key cryptography. He said an NSA staff member told him, "I've spoken to the guys who did this, but they don't want to be interviewed now." This suggests that the NSA also may have discovered public-key systems or had a hand in exploring them. Kahn hopes that the NSA will follow in Britain's lead so an accurate history can be written. Jim Bidzos, the chief executive of RSA Data Security, the division of the publicly traded Security Dynamics that holds the patent on the RSA, said that the announcement in Britain will have no effect on the company's business. Patent law is based on the notion that the inventors trade knowledge about the invention in return for an exclusive license to practice it. In fact, it is an interesting question to wonder whether Britain could have changed the history of cyberspace by disclosing the invention and encouraging the development of widespread cryptographic security for the public. This may have been a wise move during the height of the cold war in the 70's when there were thousands of Soviet tanks poised on the edge of western Europe. Williamson also hastens to note that mathematical equations weren't considered patentable in Britain at the time and without a patent anyone could have used the invention. The RSA patent in the United States was one of the first and it is generally accepted to have expanded the definition. Others are pushing a similar question. In a debate on cryptography policy at the University of Maryland, Baltimore County, John Gilmore, one of the founders of the Electronic Frontier Foundation, said the NSA should be more open. While national defense is very valuable, he suggested that the need for security in cyberspace for all citizens is going to be essential in the future. In the long run, the history of the discovery of public key cryptography is certain to be written and rewritten often in the next several years as more documents emerge from secret government laboratories. The spokesman from GCHQ promises that more documents are on the way. Hellman is philosophical. "In a way, these things are like gold nuggets that God left in the forest." he said. "If I'm walking along in the forest and I stubbed my toe on it, who's to say I deserve credit for discovering it?" He is quick to point out, however, that he shared the discovery with everyone. ______________________________________________________________ Related Sites Following are links to the external Web sites mentioned in this article. These sites are not part of The New York Times on the Web, and The Times has no control over their content or availability. When you have finished visiting any of these sites, you will be ableto return to this page by clicking on your Web browser's "Back" button or icon until this page reappears. * Document on encryption from the Communications-Electronics Security Group, part of the Government Communications Headquarters * Steve Bellovin explanation of National Security Action Memorandum 160 at Bell Labs ______________________________________________________________ Peter Wayner at firstname.lastname@example.org welcomes your comments and suggestions. ______________________________________________________________ Copyright 1997 The New York Times Company References 5. http://www.nytimes.com/library/cyber/week/122497encrypt.html#1 8. http://www.nytimes.com/library/cyber/week/122497encrypt.html#1 11. http://www.cesg.gov.uk/ellisint.htm 12. http://www.research.att.com/~smb/nsam-160/ 13. mailto:email@example.com 21. http://www.nytimes.com/info/help/copyright.html ==================================================================