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105th Congress

Encryption 106th Congress

Bill #

Name (Sponsor)

Summary

Status

HR 850

Security and Freedom Through Encryption Act (Goodlatte/Lofgren) Cosponsors

Affirms right to use and sell encryption. Liberalizes export controls and prohibits domestic key recovery.

Introduced 2/25/99. Judiciary Committee Hearing held 3/4/99 CDT testimony. Markup held 3/11/99, passed Subcommittee by unanimous voice vote without amendment. 3/24/99 passed House Judiciary Committee without amendment. CDT testified at House International Relations Trade Subcommittee on 5/19/99.House Commerce Committee holds hearing 5/25/99. House Intelligence holds hearing 6/9/99. CDT testifies. Commerce Committee reports bill favorably with several amendments on 6/23/99. Armed Services Committee heard testimony on 7/1/99 and 7/13/99. International Relations Committee approved SAFE on 7/13/99. House Intelligence Committee held a closed door briefing on 7/13/99 and an open briefing on 7/14/99. House Intelligence Committee held a closed door markup session on 7/15/99 and approved a new version of SAFE removing export relief and adding new controls. Armed Services Committee adopted a gutting amendment on 7/21/99. Passed Judicial Committee without amendment. Passed Commerce and International Relations Committees with amendment. Gutting amendments adopted by Armed Services and Intelligence Committees. Bill placed on hold pending changes to administration export policy.

S. 798

Promote Reliable Online Transactions to Encourage Commerce and Trade (PROTECT) Act of 1999 (McCain)

Allows immediate export of 64-bit encryption. Directs NIST to complete Advanced Encryption Standard (AES) and allows export of AES products by 2002. Does not contain criminal provisions. Allows export of generally available products over 64-bits.

Introduced in Commerce Committee 4/14/99.Senate Commerce Committee holds hearing 6/10/99 and approves bill 6/23/99. Commerce Committee report filed 8/5/99.

S. 761 / H.R. 1320enacted!

Millenium Digital Commerce Act (Abraham/Eshoo) Promotes and sets standards for the use of digital signatures. Introduced 3/25/99. Referred to Senate Commerce Committee. Referred to House Commerce Committee and House Government Reform Committee. Referred to House Commerce Subcommittee Telecommunications, on Trade & Consumer Protection (4/12/99). Referred to House Government Management, Information and Technology Subcommittee 4/13/99. 5/27/99 Senate Commerce hearings held. Senate Commerce Committee amends bill on 6/23/99. Reported to Senate on 7/30/99. S. 761 passed the Senate 11/19/99. The House amended S. 761 by inserting the text of HR 1714. House conferees were appointed on 2/16/00. Senate conferees were appointed on 3/29/00. 5/18/00 Conference held. 6/8/00 Conference report H. Rept. 106-661 filed. 6/14/2000 Conference report agreed to in the House by a vote of 426 - 4. 6/16/00 Senate agreed to conference report by a vote of 87 - 0. 6/30/00 Signed into law as Pub. L. 106-229.

S. 854

E-RIGHTS (Leahy)

Establishes standards for law enforcement access to location information, decryption assistance for encrypted communications, and stored electronic information. Affirms right to use and sell encryption products.

Introduced 4/21/99, referred to Judiciary Committee.

H.R. 2616

Encryption for the National Interest Act (Goss) Clarifies the policy of the United States with respect to the use and export of encryption products, and for other purposes. Introduced 7/27/99, referred to Judiciary Committee. Referred to Subcommittee on Courts and Intellectual Property on 7/30/99. Referred to International Relations Committee 7/27/99. Referred to Committee on Government Reform 7/27/99. Referred to Subcommittee on Government Management, Information and Technology 8/23/99.

H.R. 2617

Tax Relief for Responsible Encryption Act of 1999 (Goss) Amends the Internal Revenue Code of 1986 to allow a tax credit for development costs of encryption products with plaintext capability without the user's knowledge. Introduced 7/27/99, referred to the House Committee on Ways and Means.



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