[5] 1. CONSIDERING that the Global Information Infrastructure (GII) and the Global Information Society (GIS) are developing rapidly to provide a seamless network for worldwide communications;

[6] II. CONSIDERING that data is increasingly vulnerable to sophisticated threats, and ensuring security of data through legal, procedural and technical means is fundamentally important for the GII/GIS to reach its full potential;

[7] III. RECOGNISING that, as cryptography is an effective tool for ensuring the secure use of digital technology by providing integrity of data, confidentiality, authentication, and nonrepudiation, it is an important component of secure telecommunications and information systems which play a role in the development and promotion of the GII/GIS;

[8] IV. RECOGNISING that cryptography has a variety of applications related to the protection of privacy, confidential business and financial information, public safety and national security, the functioning of public and private administrations, and the operation of electronic commerce; these applications include data confidentiality, digital signature, electronic payment, healthcare record-keeping, medical authorisations and registration of intellectual property rights;

[9] VI. RECOGNISING that the use of cryptography for authentication, integrity and non-repudiation is distinguishable from its use for confidentiality and each of these uses presents different issues;

SECRETARIAT NOTE: This Recognition appears for the first time in the current draft in response to requests from several delegations that a distinction should be made between uses of cryptography.

[10] Further recognising the failure to utilise cryptographic methods can adversely affect privacy by limiting the abilities of individuals to achieve anonymity or confidentiality of data, or by facilitating unlawful or unauthorised surveillance of individuals and enterprises;

[11] VI. RECOGNISING that governments have wide-ranging responsibilities with respect to their citizens, several of which are specifically implicated in the use of cryptography, including, ensuring adequate protection of privacy and of the security of information systems; promoting economic well-being by, in part, promoting commerce; maintaining public safety; effectuating law enforcement; and protecting national security;

[12] Further recognising that there are legitimate commercial, administrative and individual needs and uses for cryptography, but cryptography may also be used by individuals or entities to prevent lawful access to information or for illegal activities, that in turn may affect public safety, law enforcement, national security, commercial business, privacy or consumer protection, and therefore, governments are challenged to achieve a balanced policy concerning these interests;

[13] Further recognising that key management systems are a possible solution which can balance the interests of users and law enforcement authorities; these techniques may also be used to recover data. when keys are lost;