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The Center for Democracy and Technology /____/ Volume 5, Number 4
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A briefing on public policy issues affecting civil liberties online
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CDT POLICY POST Volume 5, Number 4 February 25, 1999
CONTENTS:
(1) Bill Lifting Encryption Controls Re-Introduced in Congress
(2) Summary of SAFE Act, HR 850
(3) Background on Encryption Fight
(4) Subscription Information
(5) About the Center for Democracy and Technology
** This document may be redistributed freely with this banner intact **
Excerpts may be re-posted with permission of
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(1) BILL LIFTING ENCRYPTION CONTROLS RE-INTRODUCED IN CONGRESS
Reps. Bob Goodlatte (R-VA) and Zoe Lofgren (D-CA), joined by over 200 other
Members of the House of Representatives, today re-introduced the Security
and Freedom through Encryption (SAFE) bill, HR 850.
Like its predecessors in prior years, HR 850 promotes privacy and security
online by lifting export controls on encryption. The bill also affirms the
right of all Americans to use whatever form of encryption they choose and
prohibits the government from imposing domestic controls on encryption
through mandatory "key-escrow" or "backdoor" systems.
The unusually large number of original co-sponsors signing onto the bill at
the outset demonstrates bipartisan opposition to Clinton Administration
policy and widespread support for promoting the availability and use of
strong encryption. The co-sponsor list includes the entire House Republican
leadership (with the exception of the Speaker who, by tradition, does not
co-sponsor bills), as well as Democratic leaders Richard Gephardt (D-MO)
and David Bonior (D-MI).
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(2) SUMMARY OF SAFE ACT, H.R. 850
* Guarantees all Americans the freedom to use any type of encryption
anywhere in the world, and allows the sale of any type of encryption
domestically.
* Prohibits the government from requiring a backdoor into peoples' email
and computer files ("mandatory key recovery").
* Modernizes U.S. export controls to permit the export of generally available
software and hardware if a product with comparable security is commercially
available from foreign suppliers (creates a level playing field).
* Creates criminal penalties for the knowing and willful use of encryption to
conceal evidence of a crime, BUT specifies that the use of encryption does not
constitute probable cause of a crime.
* Calls upon the Attorney General to compile examples in which encryption has
interfered with law enforcement.
* Calls upon the President to convene international conference to draft
encryption policy agreement.
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(3) BACKGROUND ON ENCRYPTION FIGHT
By the end of the 105th Congress (1997-98), the SAFE bill had 249 co-sponsors
in the House. The bill was reported with widely divergent amendments by 5
committees: Judiciary, International Relations, National Security,
Intelligence, and Commerce, and was not brought before the full House for a
vote, partly because of the opposition of then-Rules Committee Chairman Gerald
Solomon (R-NY). Solomon has retired and SAFE Act co-sponsor David Dreier
(R-CA) now chairs the Rules Committee.
A hearing on the SAFE Act has tentatively been scheduled for March 4, before
the House Judiciary Committee's Subcommittee on Courts and Intellectual
Property.
Sen. Conrad Burns (R-MT) has announced plans to introduce in the Senate
similar legislation lifting encryption export controls.
Meanwhile, the Clinton Administration continues to review incremental changes
to the export control regulations. http://www.cdt.org/crypto/admin/
For more information on the SAFE bill, including the text of the legislation
and relevant background information on the encryption policy debate, please
visit CDT's encryption policy issues page at http://www.cdt.org/crypto .
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(4) SUBSCRIPTION INFORMATION
Be sure you are up to date on the latest public policy issues affecting civil
liberties online and how they will affect you! Subscribe to the CDT Policy
Post
news distribution list. CDT Policy Posts, the regular news publication of the
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information about critical free speech and privacy issues affecting the
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_____________________________________________________________________________
(5) ABOUT THE CENTER FOR DEMOCRACY AND TECHNOLOGY/CONTACTING US
The Center for Democracy and Technology is a non-profit public interest
organization based in Washington, DC. The Center's mission is to develop
and advocate public policies that advance democratic values and
constitutional civil liberties in new computer and communications
technologies.
Contacting us:
General information: info@cdt.org
World Wide Web: http://www.cdt.org/
Snail Mail: The Center for Democracy and Technology
1634 Eye Street NW * Suite 1100 * Washington, DC 20006
(v) +1.202.637.9800 * (f) +1.202.637.0968
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End Policy Post 5.4 2/25/99
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