105TH CONGRESS

H.R. 695 - The "SAFE" Bill

Letters to House Commerce Committee Members

September 11, 1997

The Honorable Thomas J. Bliley, JR.	The Honorable John D Dingell
Chairman	Ranking Minority Member
Committee on Commerce	Committee on Commerce
U.S. House of Representatives	U.S. House of Representatives
Washington, DC 20515	Washington, DC 20515

Dear Chairman Bliley and Ranking Member Dingell:

Yesterday we wrote urging your support of H.R. 695, the Security and Freedom Through Encryption (SAFE) Act, as introduced by Mr. Goodlatte and asking you to oppose any weakening amendments. We expressed particular concern with amendments being promoted by the FBI which would impose unprecedented restrictions on the Manufacture and availability of encryption domestically and severely undermine the security of electronic communications.

Today, our worst fears may be realized. Representatives Oxley and Manton will offer an amendment in Committee that reflects the FBI proposal in all material respects. It would:

• prohibit the manufacture, sale and importation of any encryption product or service which does not provide instantaneous access to communications by law enforcement, without the knowledge of the person using the encryption;
• prohibit network service providers (e.g. telephone companies, Internet service providers)from offering encryption products or services unless encrypted communications can be immediately decrypted without the knowledge of the user; and
• gives the Attorney General brad new power to establish standards for encryption products and services.
  

This amendment would jeopardize the security and privacy of American individuals and businesses, would threaten the viability of electronic commerce and the competitiveness of the U.S. information technology industry, and would enable a national surveillance infrastructure.

We urge you to oppose the Oxley-Manton amendment.

Sincerely,

Americans for Tax Reform	Business Software Alliance
Center for Democracy and Technology	Citizens for a Sound Economy
Coalitions for America	Commercial Internet eXchange Association
Compaq Computer Corp.	Computer & Communications Industry Association
Direct Marketing Association	National Association of Manufacturers
Information Technology Association of America	Netscape Computer Corp.
Small Business Survival Committee	Software Publishers Association
Storage Technology Corporation	Sun Microsystems Computer Corp.
U.S. Chamber of Commerce

cc: all members, House Committee on Commerce

September 10, 1997

The Honorable Thomas J. Bliley Jr.
U.S. House of Representatives
2409 Rayburn House Office Building
Washington, DC 20515-4607

Dear Congressman Bliley:

We are writing to urge your support for H.R. 695, the Security and Freedom Through Encryption (SAFE) Act, as introduced by Mr. Goodlatte, co-sponsored by 250 Members of the house, and approved by the Committee on Judiciary and International Relations.

We urge you to support the bill as reported by these Committees and to oppose any weakening amendments to it. In particular. the FBI is promoting several changes which would impose unprecedented restrictions on the manufacture and availability of encryption domestically as well as severely undermine the security of electronic communications. Similarly, the McCain-Kerrey bill in the Senate, S.909, and the export control and mandatory key recovery provisions contained therein do not represent a compromise position. in anything, they represent a step backward.

H.R. 695 is a very significant piece of legislation for several reasons:

It would facilitate development and use of the Internet by eliminating antiquated restrictions which limit sales of products that protect the privacy of Internet users. Without privacy, people will not use the Internet to communicate sensitive commercial and personal information.

In the name of law enforcement, currently policy deprives businesses and individuals of the ability to protect themselves against those who seek to steal their most sensitive information. This bill would allow U.S. businesses, whether operating at home or abroad, to put effective locks on their trade secrets and other critical data.

The bill would allow companies that make encryption products to compete on a level playing field with foreign companies. At present, American companies are not allowed to export the same products that are being marketed and sold freely by their foreign competition.

We appreciate your support of H.R.695.

Sincerely,

Jerry Jaihowski President National Association of Manufactures	Edward J. Black President & CEO Computer & Communications Industry Association	Willard Workman Vice President, International U.S. Chamber of Commerce
Tracy Mullin President National Retail Federation	Alan P. Hald Chairman Computing Technology Industry Association	Marc Lackritz President Securities Industry Association
Robert Holleyman President Business Software Alliance	Grover G. Norquist President Americans for Tax Reform	Jerry Berman President Center for Democracy and Technology
Gary Shapiro President Consumer Electronics Manufacturers Association	Jerry Cerasale Senior Vice President, Government Affairs Direct Marketing Association	James Shelton Executive Director Online Bankers Association
Harris Miller President Information Technology Association of America	Bruce Aitken Executive Director Pro-Trade Group	Kenneth A. Wasch President Software Publishers Association

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