July 20, 1994 Letter from VP Gore to Rep. Maria Cantwell
July 20, 1994
The Honorable Maria Cantwell
House of Representatives
Washington, D.C., 20515
Dear Representative Cantwell:
I write to express my sincere appreciation for your efforts to move the
national debate forward on the issue of information security and export
controls. I share your strong conviction for the need to develop a
comprehensive policy regarding encryption, incorporating an export
policy that does not disadvantage American software companies in world
markets while preserving our law enforcement and national security
goals.
As you know, the Administration disagrees with you on the extent to
which existing controls are harming U.S. industry in the short run and
the extent to which their immediate relaxation would affect national
security. For that reason we have supported a five-month Presidential
study. In conducting this study, I want to assure you that the
Administration will use the best available resources of the federal
government. This will include the active participation of the National
Economic Council and the Department of Commerce. In addition, consistent
with the Senate-passed language, the first study will be completed
within 150 days of passage of the Export Administration Act
reauthorization bill, with the second study to be completed within one
year after the completion of the first. I want to personally assure you
that we will reassess our existing export controls based on the results
of these studies. Moreover, all programs with encryption that can be
exported today will continue to be exportable.
On the other hand, we agree that we need to take action this year to
assure that over time American companies are able to include information
security features in their programs in order to maintain their admirable
international competitiveness. We can achieve this by entering into an
new phase of cooperation among government, industry representatives and
privacy advocates with a goal of trying to develop a key escrow
encryption system that will provide strong encryption, be acceptable to
computer users worldwide, and address our national needs as well.
Key escrow encryption offers a very effective way to accomplish our
national goals, That is why the Administration adopted key escrow
encryption in the "Clipper Chip" to provide very secure encryption for
telephone communications while preserving the ability for law
enforcement and national security. But the Clipper Chip is an approved
federal standard for telephone communications and not for computer
networks and video networks. For that reason, we are working with
industry to investigate other technologies for those applications.
The Administration understands the concerns that industry has regarding
the Clipper Chip. We welcome the opportunity to work with industry to
design a more versatile, less expensive system. Such a key escrow system
would be implementable in software, firmware, hardware, or any
combination thereof, would not rely upon a classified algorithm, would
be voluntary, and would be exportable. While there are many severe
challenges to developing such a system, we are committed to a diligent
effort with industry and academia to create such a system. We welcome
your offer to assist us in furthering this effort.
We also want to assure users of key escrow encryption products that they
will not be subject to unauthorized electronic surveillance. As we have
done with the Clipper Chip, future key escrow systems must contain
safeguards to provide for key disclosure only under legal authorization
and should have audit procedures to ensure the integrity of the system.
Escrow holders should be strictly liable for releasing keys without
legal authorization.
We also recognize that a new key escrow encryption system must permit
the use of private-sector key escrow agents as one option. It is also
possible that as key escrow encryption technology spreads, companies may
established layered escrowing services for their own products. Having a
number of escrow agents would give individuals and businesses more
choices and flexibility in meeting their needs for secure
communications.
I assure you the President and I are acutely aware of the need to
balance economic an privacy needs with law enforcement and national
security. This is not an easy task, but I think that our approach offers
the best opportunity to strike an appropriate balance. I am looking
forward to working with you and others who share our interest in
developing a comprehensive national policy on encryption. I am convinced
that our cooperative endeavors will open new creative solutions to this
critical problem.
Sincerely,
Al Gore
AG/gcs
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