Rep. Stearns' Amendment to HR 850: criminal penalty for failure to decypt
   
Amendment to H.R. 850
Offered by Mr. Stearns of Florida
[criminal penalty; failure to decrypt]
(Page & line nos. refer to Committee Print of 6/21/99)

At the end of the bill, insert the following new section:

Sec. 13. Failure to decrypt information obtained under court order.
Whoever is required by an order of any court to provide to the court or any other party any information in such person's possession which has been encrypted and who, having possession of the key or such other capability to decrypt such information into the readable or comprehensible format of such information prior to its encryption, fails to provide such information in accordance with the order in such readable or comprehensible form --

  1. in the case of a first offense under this section, shall be imprisoned for not more than 5 years, or fined under title 18, United States Code, or both; and
  2. in the case of second or subsequent offense under this section, shall be imprisoned for not more than 10 years, or fined under title 18 United States Code, or both.





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