Congress of the United States
Washington, DC 20515
May 15, 1996
The Honorable William J. Clinton
The White House
Washington, D.C. 20500
Dear Mr. President:
We are writing to ask you not to proceed with your Administration's key
escrow encryption policy proposal and instead to immediately liberalize
export controls on non-key escrow encryption programs and products.
Many of us have sponsored H.R. 3011, the "Security and Freedom
Though Encryption (SAFE) Act" which would ensure the continued
ability of Americans to use and sell good encryption and would permit
the export of generally available software with encryption capabilities
and other such software and hardware under license when certain
conditions are met. We understand that the Administration has developed
a key escrow encryption proposal and is not at this time willing to ease
export restrictions on encryption programs and products which are widely
available from domestic and foreign companies and the Internet.
We share the concerns of a wide range of businesses and privacy interests
that a key escrow approach will not adequately address security concerns.
The ability of companies and individuals to ensure that the information they
send over communications and computer networks is secure is a prerequisite
to exploiting the potential of the Global Information Infrastructure. For
example, U.S. small businesses are beginning to harness the Internet to enter
foreign markets. The Internet in effect lowers the barriers to entry for
these companies. But they will not be able to rely on the Internet if their
information is not secure.
We also have serious concerns about the impact of the Administration's
policy on the U.S. economy and job creation. (Indeed, it is our strong belief
the U.S. economic interests must be a primary consideration in encryption
policy discussions with other countries, the OECD, and in other forums. It is
not clear that this has been the case in the discussions held up to this point).
A recent report entitled "A Study of the International Market for
Computer Software With Encryption" prepared by the U.S. Department of
Commerce and the National Security Agency indicated that U.S. companies will
lose market share given the availability of stronger encryption products
overseas. The Computer Systems Policy Project estimates that unless the U.S.
relaxes out-of-date export controls, the U.S. technology industry will lose $60
billion in revenues and 200,000 jobs by the year 2000.
As Congress begins to consider H.R. 3011 we would greatly appreciate knowing
whether the Administration plans to publish a final rule implementing a key
escrow encryption proposal or, alternatively, will relax export controls on
encryption programs and products which do not have a key escrow feature.
Sincerely,
Tom Campbell Bob Goodlatte
Anna Eshoo Eliot Engel
Zoe Lofgren Bob Barr
Carlos Moorhead Patricia Schroeder
Barney Frank Sam Gejdenson
Howard Coble Rick Boucher
Fred Heineman Sonny Bono
Vernon Ehlers Randy Cunningham
Charlie Norwood Randy Tate
Donald Manzullo Helen Chenoweth
Thomas Davis Roscoe Bartlett
Sam Farr Ken Calvert
Linda Smith Joseph Moakley
Lynn Woolsey
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