Major Encryption Legislation

SAFE (HR 695)


SUMMARY: The Security and Freedom through Encryption Act (SAFE) was introduced by Reps. Bob Goodlatte (R-VA) and Zoe Lofgren (D-CA) on February 12, 1997. The original bill created a pro-privacy approach to encryption by easing outdated export controls and prohibiting mandatory key escrow.

• Major provisions of SAFE bill
• Text of HR 695 and amendments
• CDT's analysis of HR 695
• Highlights from the debate on SAFE

STATUS: Amendments to SAFE were passed by five committees, but never received a full House vote. HR 695 died at the end of the 105th Congress. SAFE has been reintroduced in the 106th Congress as HR 850.

E-PRIVACY (S 2067)

SUMMARY: The Encryption Protects the Rights of Individuals from Violation and Abuse in CYberspace (E-Privacy) Act was introduced by Senators John Ashcroft (R-MO), Patrick Leahy (D-VT), and Conrad Burns (R-MT) on May 12, 1998. The E-PRIVACY Act created a pro-privacy framework for computer security, protected the domestic use of strong encryption without key recovery, eased export controls to allow export of strong encryption products overseas, and limited government access to decryption keys.

• Major provisions of E-PRIVACY
• Text of S 2067
• CDT's analysis of S 2067
• Background on E-PRIVACY

STATUS: The E-PRIVACY Act was under consideration by the Senate Judiciary Committee, but was never voted on. S 2067 died at the end of the 105th Congress.

McCain/Kerrey (S 909)

SUMMARY: Sponsored by Senators McCain and Kerrey, the Secure Public Networks Act forced encryption users to adopt risky key recovery mechanisms in order to participate in a certificate authority system. Meanwhile, McCain-Kerry provided only token relief from export controls.

• Major provisions of McCain-Kerrey
• Text of S 909 and amendments
• CDT's analysis of S 909
• Background on McCain-Kerry

STATUS: The Secure Public Networks Act was introduced on June 16, 1997 by Senator John McCain (R-AZ). On June 19, 1997, McCain/Kerrey was amended and passed by the Senate Commerce Committee. S. 909 never received a full Senate vote, and died at the end of the 105th Congress.

Pro-CODE (S 377)

SUMMARY: The Promotion of Commerce Online in the Digital Era (the "Pro-CODE" bill was introduced on January 28, 1997 by Senator Conrad Burns (R-MO), Senator Patrick Leahy (D-VT) and Senator Ron Wyden (R-ORE). This bill prohibited domestic controls and eased export controls.

• Major provisions of Pro-CODE
• Text of S 377 and amendments
• CDT's analysis of S 377
• Background on Pro-CODE

STATUS: A hearing was held on Pro-CODE in the Senate Commerce Committee on March 19, 1997. The bill never received a full Committee vote, and died at the end of the 105th Congress.

"Encrypted Communications Privacy Act"; (ECPA II) introduced by Sen. Leahy, Sen. Burns and others on February 1997.

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