For example, there are sixteen possible key combinations for a 4-bit sequence:
0000 0,
0100 4,
1000 8,
1100 12,
0001 1,
0101 5,
1001 9,
1101 13,
0010 2,
0110 6,
1010 10,
1110 14,
0011 3,
0110 7,
1011 11,
1111 15.
The above assessment is based on a binary computing; however, quantum computing,
which uses “quibits” instead of bits, would transform binary form into a multidimensional
manner (see section 2 A, below). Steady improvements in computer power have resulted in
the periodic increasing in the length of number-based keys, meaning that encryption has
a shelf life and is rapidly becoming more vulnerable. Quantum computing is set to disrupt
present understandings and significantly complicate matters. Quantum communication
embeds the encryption key not in code but in photons (that is, particles of light). In addition
to dramatically heightening system security, the so-called “quantum key distribution” means
that interception by would-be hackers necessarily alters or destroys the particles of light,
making any attempt at hacking immediately noticeable.66
Critics have claimed that E2EE plays potential havoc with investigations by law enforcement, as
even third parties involved in transmitting messages—telecom companies, ISPs, the application
administrators and the sort—do not have anything more than the garbled, encrypted data, and
thus, are no more capable of understanding communications than are any eavesdroppers. Such
technological compromises have led law enforcement to press IT companies to design so-called
“back doors” that would allow the reading of communications. Many companies boast using E2EE,
with WhatsApp perhaps being the most visible of late.67 The flipside of these developments is that
governments sometimes restrict the key size that apps may use. For instance, India restricts ISPs
and TSPs to 40-bit key length (relatively low security).68
Encryption techniques are becoming increasingly complex. One of particular note is that of the
“one-time pad” (OTP), which relies the exchange of a one-time, truly random, never reused (neither
in part or in whole) pre-shared key that is at least as long as the message that has been sent.69 It
has been argued that such encryption algorithms would create mathematically “unbreakable”
ciphertexts. Be that as it may, practical problems and limitations have prevented OTPs from
becoming widely used.
IV. Challenges to International Interoperability
In a world of increasing transnational conduct, improving (A) international cooperation and
addressing (B) jurisdictional and conflict of laws issues are paramount to facilitating international
interoperability of frameworks developed to combat cybercrime.
Page 36 | Chapter 1 | § C. Challenges to Fighting Cybercrime
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