IP: House Intel Committee Approves Sweeping New Crypto

[David Farber <farber () cis upenn edu>]

Date: Thu, 11 Sep 1997 14:39:25 -0400
To: farber () central cis upenn edu
From: Jonah Seiger <jseiger () cdt org>
Subject: House Intel Committee Approves Sweeping New Crypto Restrictions...




Reports are coming in that the House Intelligence has approved sweeping
changes
to HR 695 (SAFE) in a closed-door markup this morning.  We have not yet seen a
vote count or any specific language of the proposal.


However, based on what we have heard about the amendment, it goes far
beyond S. 909 and proposals floated by the FBI last week, and represnts a
broad new assult on the ability of Americans to protect their privacy
online.


According to sources who have seen the "markup package" that was expected
to be considered by the committee today, the amendment would:


* Require that encryption products sold, distributed, or imported into the
  US by January 31, 2000 include a feature to allow law enforcement "immediate
  access" to the plain text of encrypted information.


* Make the sale of encryption without this feature a criminal offense


* Authorize the Secretary of Commerce to register key certificate authorities
  and key recovery agents (presumably similar to S. 909)


* Authorize the Secretary of Commerce to coordinate with the Secretary
  of Defense to approve the export of encryption products.


The new requirement for "immediate access to plain text" and restrictions
on the domestic sale of encryption make this the most sweeping and
restrictive encryption surveillance amendment yet proposed (and presumably
passed) by Congress.


We are still working to find more information, including the text of the
proposal, and will post an update as soon as we can.


Jonah


PS - we are also awaiting word from the House Commerce Committee -- expect
more soon.




* Value Your Privacy? The Government Doesn't.  Say 'No' to Key Escrow! *
            Adopt Your Legislator -  http://www.crypto.com/adopt



--
Jonah Seiger, Communications Director              (v) +1.202.637.9800
Center for Democracy and Technology              pager +1.202.859.2151
<jseiger () cdt org>
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