Four amendments to S.909 were offered by Senator Bill Frist (R-TN)
at the Senate Commerce Committee markup on June 19. All four amendments
were approved by the Committee:
Sec. 106, paragraph (4)
Add to the end of this section:
The requirements for a subpoenas should be no less stringent for
obtaining keys, then for any other subpoenaed materials.
Sec. 201 Add to the end of this section
NIST after consultation with the Department of Justice and Defense,
is directed to publish a reference implementation plan for key
recovery systems and mandated by this Act. The reference implementation
plan will include the necessary features that will permit the
system to function in a fully deployed manner and such action
shall be completed no later than one year after date of enactment
of this Act. All other section of this title shall not be effective
until the President notifies the Congress that such system has
been developed and reports to the Congress all findings mandated
by this section.
Sec. 205, Strike the existing section and replace with:
Any encrypted communications network established after the date
of enactment of this Act with the use of Federal funds for transaction
of government business shall use encryption products based upon
a qualified system of key recovery.
Add to Definitions
Sec. 1005 Definitions
(20) KEY RECOVERY -- The term key recovery as stated in this legislation
shall be interpreted to mean recovery of a variable portion of
the key which may range from all (full key recovery) to a prescribed
portion (such as all but 40 bits of the key). The percentage of
key recovery represents a level of service of the key recovery
process.