Chairman Henry J. Hyde

U.S. House of Representatives
Washington D.C. 20515

Dear Chairman Hyde,

Two years ago, the House Judiciary Committee supported security and privacy online by voting unanimously to approve the Security and Freedom through Encryption (SAFE) Act. On Wednesday March 24th, the Committee will have another opportunity to affirm the rights of Americans to protect their privacy online.

U.S. policy on export controls is jeopardizing the ability of American citizens to protect their personal communications, financial records, and proprietary data online.

The SAFE Act would ease export controls and reaffirm the rights of Americans to use strong encryption products. The Internet has vast potential to reinvigorate democracy, provide access to information, create new forms of community, and promote economic growth. But the promise of the Internet will not be met unless people can trust it. Widespread availability of strong encryption without backdoors built-in is needed to provide that trust. The SAFE Act would help protect Americans from crime by giving us tools to protect our information from hackers and unlawful access.

CDT remains concerned that the SAFE Act contains new criminal provisions that may unnecessarily stigmatize the use of encryption. However, we believe that on balance the SAFE Act would be a substantial step forward for privacy online.

Developments over the last two years have confirmed the need for fundamental revision of U.S. encryption policy. Congressional action is needed to resolve the current policy standoff.

As a civil liberties group dedicated to promoting democratic values for new electronic media, the Center for Democracy and Technology urges members of the Judiciary Committee to support the liberalization of export controls in the SAFE Act and to help Americans protect their privacy online.