The Working Party accepts the positive licensing regime on the basis that exemptions from the scheme are the equivalent of accreditation. Voluntary use of TTPs 45. The legislation is directed solely towards the provision of encryption services to subscribers in the UK and not the use of encryption . Organisations offering or providing encryption services to the public in the UK, including those providing or advertising such services from outside the UK, will be required to be licensed. Users, however, will remain at liberty to choose whether to make use of TTPs, or to make other arrangements for their encryption requirements.
Territoriality is a concept which is virtually impossible to determine in the computer context.
Paragraph 74 of the consultation paper implies a choice of the recipient, so it follows that if a client does not choose a recipient no licensing is required. The Working Party is of the view that the difference between revocation services for confidentiality and for integrity is insufficiently defined. Key recovery from licensed TTPs 47. The Government recognises that further legislation may be required in the future to enable the appropriate authorities to obtain private encryption keys other than those held by licensed TTPs. The Working Party assumes that the Government will consult further on this issue.