Cyberspace Electronic Security Act (CESA)

In August 1999, the Justice Department proposed an initial draft of the CESA bill that would have expanded law enforcement authority by allowing federal agents armed with search warrants to secretly break into homes and offices to obtain decryption keys or passwords or to implant "recovery devices" or otherwise modify computers to ensure that any encrypted messages or files can be read by the government. Although these "secret search" provisions were later removed, CDT remains concerned that the current version of CESA does not require the more stringent showing of "probable cause" and notice of a seizure that the Fourth Amendment would demand of keys taken from a person's own computer or data seized from one's own house.

CESA Bill (officially Proposed in September 1999)

     - White House Statement to Congress on CESA
     - White House Fact Sheet on CESA
     - White House Analysis of CESA
     - Text of The Cyberspace Electronic Security Act of 1999 (CESA)

    CDT Analysis

     - Initial CDT Analysis of CESA
     - CDT Policy Post 5.22 The Proposed CESA Bill and Government Access to Keys

Draft CESA Bill (circulated in June 1999 by the Justice Department)

     - OMB Referral Memo
     - Draft Transmittal Letter
     - Draft Bill
          sec. 2713 - Secret Searches (The Secret Searches provision was droppeed by Sept 1999.)
     - DOJ Section by Section Analysis
          DOJ Analysis of sec. 2713 - Secret Searches
     - CDT Analysis of draft CESA bill

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