Open Letter to Internet Community From Senator Burns

[Conrad_Burns@burns.senate.gov]

     OPEN LETTER TO THE INTERNET COMMUNITY
     
     May 2, 1996
     
     Dear friends:
     
     As an Internet user, you are no doubt aware of some of the hurdles the 
     federal government has put up that limit the growth and full potential 
     of exciting, emerging technologies.  One of the most egregious of 
     these has been the governmentally set limits on so-called "encryption" 
     technologies.  Today I am introducing a bill to address this major 
     problem for businesses and users of the Internet. 
     
     If the telecommunications law enacted this year is a vehicle to 
     achieve real changes in the ways we interact with each other 
     electronically, my bill is the engine that will allow this vehicle to 
     move forward.  The bill would promote the growth of electronic 
     commerce, encourage the widespread availability to strong privacy and 
     security technologies for the Internet, and repeal the out-dated 
     regulations prohibiting the export of encryption technologies.
     
     This legislation is desperately needed because the Clinton 
     administration continues to insist on restricting encryption exports, 
     without regard to the harm this policy has on American businesses' 
     ability to compete in the global marketplace or the ability of 
     American citizens to protect their privacy online.  Until we get the 
     federal government out of the way and encourage the development of 
     strong cryptography for the global market, electronic commerce and the 
     potential of the Internet will not be realized.
     
     The last thing the Net needs are repressive and outdated regulations 
     prohibiting the exports of strong privacy and security tools and 
     making sure that the government has copies of the keys to our private 
     communications.  Yet this is exactly the situation we have today.
     
     My new bill, the Promotion of Commerce On-Line in the Digital Era 
     (Pro-CODE) Act of 1996, would:
     
     - Allow for the unrestricted export of "mass-market" or 
     "public-domain" encryption programs, including such products as Pretty 
     Good Privacy and popular World Wide Web browsers.
     
     - Require the Secretary of Commerce to allow the unrestricted export 
     of other encryption technologies if products of similar strength are 
     generally available outside the United States.
     
     - Prohibit the federal government from imposing mandatory key-escrow 
     encryption policies on the domestic market and limit the authority of 
     the Secretary of Commerce to set standards for encryption products.
     
     Removing export controls will dramatically increase the domestic 
     availability of strong, easy-to-use privacy and security products and 
     encourage the use of the Internet as a forum of secure electronic 
     commerce. It will also undermine the Clinton Administration's 
     "Clipper" proposals which have used export restrictions as leverage to 
     impose policies that guarantee government access to our encryption 
     keys.
     
     The Pro-CODE bill is similar to a bill I co-authored with Senator 
     Patrick Leahy of Vermont, except that it highlights the importance of 
     encryption to electronic commerce and the need to dramatically change 
     current policy to encourage its growth.  My bill does not add any new 
     criminal provisions and does not establish legal requirements for 
     key-escrow agents.
     
     Over the coming months, I plan to hold hearings on this bill and 
     encourage a public debate on the need to change the Clinton 
     Administration's restrictive export control policies.  I will need 
     your support as we move forward towards building a global Internet 
     that is good for electronic commerce and privacy.  I look forward to 
     working with the Internet community, online activists, and the 
     computer and communications industry as this proposal moves through 
     Congress.
     
     I'd like to hear from you, so please join me on two upcoming online 
     events to talk about the new bill.  The first is on America Online in 
     the News Room auditorium at 9 p.m. Eastern Daylight Time on May 6.  
     The second will be on Hotwired's Chat at 9 p.m. EDT on May 13.
     
     In the meantime, I need your help in supporting the effort to repeal 
     cryptography export controls.  You can find out more by visiting my 
     web page http://www.senate.gov/~burns/.  There you will find a 
     collection of encryption education resources that my Webmaster has 
     assembled.  I trust that the entire Internet community, from the 
     old-timers to those just starting to learn about encryption, will find 
     this information useful.
     
     This bill is vital to all Americans, from everyday computer users and 
     businesses to manufacturers of computer software and hardware.  I very 
     much look forward to working with you on this issue.
     
     Conrad Burns
     United States Senator