Text of Congressional Letter to Commerce Secretary Kantor regarding Clipper 3.1.1

The Honorable Michael Kantor
Secretary
Department of Commerce
Washington, D.C. 20230

Dear Secretary:

We write to express our serious concerns about the Administration's most recent policy announcement on export restrictions on encryption technology.

First we agree with the October 4, 1996, New York Times editorial that characterized the Administration's plan as "needlessly restrictive and probably unworkable" and (though better than previous Administration proposal) "risks doing more harm than good." We recognize that this issue involves a careful balancing of commercial, consumer, law enforcement and national security considerations. However, the well-respected 1996 report by the National Research Council on this matter emphasized that U.S. law enforcement and national security would be enhanced -- not weakened -- by broader use of stronger U.S. encryption technologies both at home and abroad. Furthermore, the report stressed that efforts to control international trade in encryption technologies will only be effective if implemented on a comprehensive, multilateral basis.

Unfortunately, the Administration's most recent encryption initiative shortchanges both U.S. business and law enforcement interests. The proposal is flawed for four reasons: it fails to recognize that top-down, government-imposed policies are doomed to defeat: export policies must be directly linked, or indexed, to advances in technology; export controls must be fully multilateral in order to be effective; and export control decisions will be further delayed by granting the FBI new veto authority over U.S. exports.

We fear these defects will continue to leave U.S. companies at a disadvantage in the world market, leave users of U.S. encryption uncertain about the security of their information and leave U.S. law enforcement and national security agencies behind the cryptography-curve.

Although we were not consulted in the formulation of this policy, we nevertheless hope that in the coming months you will work with us and industry, consumer and user groups to refine it further. In addition to conducting oversight hearing in the next Congress on the Administration's proposal, we also want to assure you that we will continue to pursue legislative solutions toward this end.

Sincerely,

[signed]

Sen. Ron Wyden (D-OR)

Sen. Conrad Burns (R-MT)

Sen. Trent Lott (R-MS)

Sen. Larry Pressler (R-SD)

Sen. Lauch Faircloth (R-NC)

Sen. Barbara Boxer (D-CA)

Sen. Pete Domenici (R-NM)

Sen. John Ashcroft (R-MO)

Sen. Alan Simpson(R-WY)

Sen. Patty Murray (D-WA)

Sen. Don Nickles (R-OK)

Sen. Larry Craig (R-ID)

Sen. Craig Thomas (R-WY)

Sen. Kay Bailey Hutchison (R-TX)

Rep. Zoe Lofgren (D-CA)

Rep. Sonny Bono (R-CA)

Rep. Howard Coble (R-NC)

Rep. Steve Chabot (R-OH)

Rep. Bob Goodlatte (R-VA)

Rep. Bob Barr (R-GA)

Rep. Tom Campbell (R-CA)

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Posted on October 18, 1996 || Transcribed from hard copy