Austrian Comments on the “November Draft” of the OECD Cryptography Guidelines
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[5] This Item should be adopted to further affirm the respect for privacy already expressed in the draft, and the desire to integrate, not antagonise, existing laws.

[15] This Item should be adopted without brackets:

[15] -- that the use of cryptography for authentication, integrity and non-repudiation is distinct from its use for confidentiality, and that each of these uses presents different issues;

[16] This Item should be adopted without either bracket one [may] and two [personal but with bracket three [allowing). The Item should read:

[16] -- that the failure to utilise cryptographic methods can adversely affect privacy by limiting the abilities of individuals to achieve confidentiality of data, or by allowing unlawful or unauthorised access to data;

[18] This Item should be adopted without the brackets to keep it shorter. The Item should read:

[18] -- that governments have wide-ranging responsibilities, several of which are specifically implicated in the use of cryptography, including, facilitating appropriate protection of privacy and of the security of information systems; encouraging economic well-being by, in part, promoting commerce; maintaining public safety; and enabling law enforcement and the protection of national security;

[19] Should be included in the final text in the following wording (delete first bracket [will] include second bracket [including the enforcement of tax laws,], delete third bracket [consumer interests] include fourth bracket [industy and the general public]):

[19] [-- that there are legitimate commercial, administrative and individual needs and uses for cryptography, but that cryptography may also be used by individuals or entities to prevent lawful access to information or for illegal activities, which in turn may affect public safety, law enforcement, including the enforcement of tax laws. national security, business, privacy or consumer protection; governments, industry and the general public are, therefore, challenged to achieve a balanced policy concerning these interests;

[20] The text in brackets appears unnecessary and should be deleted to keep the Item short. The basic message of item [20] is of utmost importance and should remain under all circumstances. The Item should read as follows:

[20] -- that the inherently global nature of developing information and communications networks necessitates international co-operation on cryptography issues, and that implementation of incompatible national policies will not meet the needs of individuals, business and governments for world-wide technologies and applications;

[21] does not hurt, but a firm eye should be kept on the relationship between Items [20] and [21]. In Austria's opinion, Item [20] is more important and Item [21] should not be interpreted as permitting states to act in a way which contradicts Item [20]

[22] Should be adopted. Austria is a federal country.

[28] Should be adopted.

[29] Should be adopted.