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Here's Why We've Been Skeptical

The Devil is in the Details:
Administration Encryption Export Policies 1993-99

April 16, 1993 "Clipper Chip"

Administration Announcement

Actual Regulations

  • Introduced a "voluntary program to improve privacy and security of telephone communications" that would unite the Federal Government and industry.
  • Introduced controversial key escrow system with government agents acting as third party key holders.


November 15, 1996 "Clipper 3.1.1"

Administration Announcement

Actual Regulations

  • Recognized that "the ultimate solution must be market-driven".
  • Claimed that "(d)omestic use of key recovery will be voluntary, and any American will remain free to use any encryption system domestically."
  • Assured that "(a)ccess to keys would be provided in accordance with destination country policies and bilateral understandings."
  • Prohibited export of 56 bit products except by companies making commitment to develop and market key recovery products within 2 years.
  • Used government export controls to compel domestic key recovery.
  • Failed to recognize that many foreign countries do not provide an equivalent to Fourth Amendment privacy protections.


December 31, 1998 Current Regulations

Administration Announcement

Actual Regulations

  • Promised that "(t)he updated export policy will allow U.S. companies new opportunities to sell encryption products to almost 70 percent of the world's economy."
  • Hailed the free export of 56 bit products.
  • Assured that law enforcement officials would access plaintext only under "strictly defined legal procedures".
  • Provided export relief for only certain industry segments, excluding major telecommunications providers and ISPs, and failed to acknowledge that individuals and end-users were left without adequate privacy and security.
  • Failed to recognize that 128 bit products have become worldwide standard for security.
  • Continued to offer incentives for plaintext access or key recovery without providing adequate privacy protections for law enforcement access.


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