To IEEE: Don't Support Leahy Crypto Bill

[anon-remailer@utopia.hacktic.nl (Anonymous)]

(To: medialink-list@WELL.com, cypherpunks@toad.com, action@eff.org,
     hal@hal.hpl.hp.com, farber@central.cis.upenn.edu,
     junger@pdj2-ra.F-REMOTE.cwru.edu)


12 March 1996

Before IEEE decides to "applaud" Leahy's bill publicly, I hope that
the organization carefully considers the bill's shortcomings. In
particular it might want to consider the critique written by Peter
Junger <junger@pdj2-ra.F-REMOTE.cwru.edu> of Case Western University
Law School. Junger writes that with Leahy's legislation:

   "The major threat is that, for the first time, there would be at
   least colorable Congressional authority for the requirement that
   one obtain a license before publishing or otherwise disclosing
   information. And software is, after all, nothing but information."

I urge the IEEE to rethink its position. At the very least, please
consider supporting Rep. Goodlatte's bill which includes a more
explicit prohibition on the executive branch mandating key escrow. It
is important that we back that bill before it goes to conference,
since we can have little impact on it thereafter.

Please redistribute this letter as appropriate.

Warmly,

Philomela



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             DRAFT -- Do NOT Redistribute!
         IEEE Applauds Leahy Encryption Bill
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DRAFT March 12, 1996

The Committee on Communications and Information Policy of the
Institute of Electrical and Electronics Engineers, United States
Activities applauds the proposed Encrypted Communications Privacy Act.
This legislation, introduced by Senators Pat Leahy (D-VT), Patricia
Murray (D-WA) and Conrad Burns (R-MT), will remove unnecessarily
restrictive controls on the export of encryption technology.

Current restrictions on the export of encryption technology harm the
interests of the United States in three ways: they handicap American
producers of software and hardware, prevent the development of a
secure information infrastructure, and limit the ability of
electronically active Americans to maintain their privacy. The
proposed legislation addresses all of these issues, while maintaining
prohibition on the use of cryptography to hide criminal activities.

Technological progress has moved encryption from the realm of national
security into private sphere. Current policies, as well as the
policy-making processes, should reflect this new reality. We applaud
recent changes in information policy which mitigate the severity of
controls on encryption technologies. With the additional changes
sought by Senators Leahy, Murray and Burns, the United States can
maintain its historical leadership in cryptography. Without the
handicap of limitations on their ability to export secure systems,
American software and hardware producers have the potential to excel
in the global market for secure products.

The removal of unnecessary restrictions on exports will also enable
the creation of a Global Information Infrastructure sufficiently
secure to provide seamless connectivity to customers previously
unreachable by American companies. The United States is a leader in
Internet commerce. However, Internet commerce requires cryptography.
Thus American systems have been hindered by cold-war restraints on the
necessary cryptography as these systems have moved from the laboratory
to the marketplace.

This legislation would open the market to secure, private, ubiquitous
electronic commerce. The cost of not opening the market to secure
American Internet products may include the loss of decades of
leadership in Internet technologies, just as the Internet is entering
its most profitable period.

Finally, Sen. Leahy, Murray and Burns would be serving all users of
electronic information systems in creating a truly global market for
secure desktop environments. Having secure and private electronic
spaces is of particular interest to the Institute of Electrical and
Electronics Engineers, United States Activities and its members.

The Committee on Communications and Information Policy of the
Institute of Electrical and Electronics Engineers, United States
Activities applauds Senators Pat Leahy (D-VT), Patricia Murray (D-WA)
and Conrad Burns (R-MT) for their foresight and supports the proposed
legislation to liberalize controls on cryptography.

Sincerely,

[Signed]

Visit http://www.ieee.org/ for more information.