CDT Letter to House Judiciary Subcommittee Members
Regarding SAFE Markup Hearing on April 29, 1997

April 24, 1997

The Honorable Howard Coble
U.S. House of Representatives
Washington, D.C. 20515

Dear Chairman Coble:

On Tuesday, April 29, the House Judiciary Subcommittee on Courts and Intellectual Property will have an opportunity to protect the security of American computer users when it acts on H.R. 695, the Security And Freedom through Encryption (SAFE) Act of 1997, which you have co-sponsored with Representatives Goodlatte, Logren, and over 70 other members.

CDT strongly urges you to report H.R. 695, the SAFE Act, out of the Courts and Intellectual Property Subcommittee without amendment.

Individuals and businesses need strong encryption products to protect their sensitive communications, confidential records, and proprietary information online. Such security is needed if we are to realize the tremendous promise of the Internet to invigorate our democracy and promote electronic commerce. Yet outdated government regulations continue to restrict the distribution of encryption products and leave personal data, communications, and our national information infrastructure vulnerable to criminals.

It has been four years since the Administration first introduced its failed "Clipper Chip" encryption proposal, and despite the critical need for encryption products little has changed in U.S. policy since then. Cold War-era regulations continue to restrict the export and use of encryption. Since strong encryption products are readily available abroad, these export controls do little to keep encryption out of the hands of terrorists or criminals. Rather, it is law-abiding U.S. computer users who have been forced to sacrifice their security. The Administration has been unable to justify the loss of security and privacy for millions of computer users in order to satisfy a law enforcement concern that has already been compromised.

Congressional action is needed to break this logjam. H.R. 695 would sensibly ease the export controls on encryption while guaranteeing the rights of American computer users to choose the computer security products most appropriate for them. This action is desperately needed given the Administration's continued intransigence and the growing concerns about the security of our information infrastructure.

As a civil liberties and public policy group deeply involved in promoting democratic values in new electronic media, the Center for Democracy and Technology has had a chance to see first-hand the real need for privacy and security online that only widely available strong encryption products can satisfy.

To demonstrate Congressional support for fundamental reform in this area, it is critical that the Subcommittee report the SAFE bill favorably on Tuesday.

If we can be of any further assistance, please feel free to contact me or Alan Davidson, CDT Staff Counsel, at (202) 637-9800.

Sincerely,

[signed]

Jerry Berman
Executive Director
Center for Democracy and Technology

Back.

Posted on April 25, 1997