105TH CONGRESS
AMENDMENT OFFERED BY MR. OXLEY OF OHIO
AND MR. MANTON OF NEW YORK
TO THE AMENDMENT IN THE NATURE OF
A SUBSTITUTE OFFERED BY ___________
[decryption requirements and liability]
Page 2 of the amendment, after line 17, insert the following new paragraphs
(and redesignate the succeeding paragraph accordingly):
(3) DECRYPTION REQUIREMENTS FOR ENCRYPTION PRODUCTS AND SERVICES.
(A) RECOVERABLE PRODUCTS -- Notwithstanding
paragraph (1), effective January 1, 1999, no
person may manufacture, sell, or offer to the public,
in interstate commerce, or import into the United States,
any product or service that can be used to encrypt communications
or electronic information, unless such product or service
includes features --
(i) that permit immediate access to the plaintext of
such encrypted communications or electronic information without
the knowledge or cooperation of the person using such product
or service; or
(ii) that can be used only on systems or networks that include
such plaintext access features described in clause (I).
(B) RULEMAKING -- Within 90 days after the date of enactment of the
Security and Freedom Through Encryption (SAFE) Act, the Attorney General
shall initiate a rulemaking proceeding to implement this paragraph. The
Attorney General shall complete such rulemaking proceeding within 1 year
after such date of enactment.
(C) CRIMINAL PENALTY -- Any person who violates this paragraph shall be
fined under title 18, United States Code, or imprisoned for not more than 5
years, or both.
(4) LIABILITY LIMITATIONS -- No person shall be subject to civil or
criminal liability for providing access to plaintext of an encrypted
communication or an encrypted electronic information or any other
assistance, to any law enforcement official or authorized government
entity, pursuant to a lawful request.
Page 3 of the Amendment, after line 12, insert the following new
subparagraphs (and redesignate seceding subparagraphs accordingly):
(C) ELECTRONIC INFORMATION -- The term 'electronic information' means
any signs, signals, writing, images, sounds, date, or intelligence of any
nature stored in whole or in part by a wire, radio, electromagnetic,
photo-electronic, or photo-optical system.
(D) PLAINTEXT -- The term 'plaintext' means, with respect to electronic
information or a communication, the form of the information or communication
before it has been encrypted or, if encrypted, the form after it has been
electronically transformed into its original form.