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INFO:Congress continues to push hard in the pro-encryption fight! (10/20/96)
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LETTER FROM 20 MEMBERS OF CONGRESS ON NEW CLIPPER PLAN
LETTER TO THE NET FROM SENATOR CONRAD BURNS (R-MT)
LAW ENFORCEMENT NOW TRACKING CRIMES INVOLVING ENCRYPTION
http://www.crypto.com/
Date: October 21, 1996
URL:http://www.crypto.com/ [email protected]
If you redistribute this, please do so in its entirety,
with the banner intact.
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Table of Contents
Introduction
Letter from 20 members of Congress on new Clipper plan
Letter to the net from Senator Conrad Burns (R-MT)
Law enforcement now tracking crimes involving encryption
How to receive crypto-news
Press contacts
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INTRODUCTION
As we look back at the last legislative session, it is amazing the progress
we've made. As we build supporters for the pro-encryption forces in Congress
we move the ball farther down the field.
If you called, wrote, testified, or even just stayed involved in the issue
this year, realize that you've made a significant difference in the way this
issue went.
It's not the end, though. We get a break for a couple of weeks and then
Congress will be back, and ready to take up this issue again. Pro-encryption
activists are gearing up the "My Lock, My Key" campaign for next year's fight.
You can help by ensuring that you have told us who your member of Congress
is.
You never know, you might get a call or an email from one of us to help
convince your legislator about the benefits of privacy and encryption!
Participate in the "My Lock, My Key" Adopt-Your-Legislator campaign at
http://www.crypto.com !
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LETTER FROM 20 MEMBERS OF CONGRESS ON NEW CLIPPER PLAN
Congress of the United States
Washington, D.C. 20515
October 15,1996
The Honorable Michael Kantor
Secretary
Department of Commerce
Washington, D.C. 20230
Dear Secretary:
We write to express our serious concerns about the Administration's most
recent policy announcement on export restrictions on encryption technology.
First we agree with the October 4, 1996, New York Times editorial that
characterized the Administration's plan as "needlessly restrictive and
probably unworkable" and (though better than previous Administration
proposal) "risks doing more harm than good." We recognize that this issue
involves a careful balancing of commercial, consumer, law enforcement and
national security considerations. However, the well-respected 1996 report
by the National Research Council on this matter emphasized that U.S. law
enforcement and national security would be enhanced -- not weakened -- by
broader use of stronger U.S. encryption technologies both at home and
abroad. Furthermore, the report stressed that efforts to control
international trade in encryption technologies will only be effective if
implemented on a comprehensive, multilateral basis.
Unfortunately, the Administration's most recent encryption initiative
shortchanges both U.S. business and law enforcement interests. The
proposal is flawed for four reasons: it fails to recognize that top-down,
government-imposed policies are doomed to defeat: export policies must be
directly linked, or indexed, to advances in technology; export controls
must be fully multilateral in order to be effective; and export control
decisions will be further delayed by granting the FBI new veto authority
over U.S. exports.
We fear these defects will continue to leave U.S. companies at a
disadvantage in the world market, leave users of U.S. encryption uncertain
about the security of their information and leave U.S. law enforcement and
national security agencies behind the cryptography-curve.
Although we were not consulted in the formulation of this policy, we
nevertheless hope that in the coming months you will work with us and
industry, consumer and user groups to refine it further. In addition to
conducting oversight hearing in the next Congress on the Administration's
proposal, we also want to assure you that we will continue to pursue
legislative solutions toward this end.
Sincerely,
[signed]
Sen. Ron Wyden (D-OR)
Sen. Conrad Burns (R-MT)
Sen. Trent Lott (R-MS)
Sen. Larry Pressler (R-SD)
Sen. Lauch Faircloth (R-NC)
Sen. Barbara Boxer (D-CA)
Sen. Pete Domenici (R-NM)
Sen. John Ashcroft (R-MO)
Sen. Alan Simpson(R-WY)
Sen. Patty Murray (D-WA)
Sen. Don Nickles (R-OK)
Sen. Larry Craig (R-ID)
Sen. Craig Thomas (R-WY)
Sen. Kay Bailey Hutchison (R-TX)
Rep. Zoe Lofgren (D-CA)
Rep. Sonny Bono (R-CA)
Rep. Howard Coble (R-NC)
Rep. Steve Chabot (R-OH)
Rep. Bob Goodlatte (R-VA)
Rep. Bob Barr (R-GA)
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LETTER TO THE NET FROM SENATOR CONRAD BURNS (R-MT)
[We were informed that this net was for the net community, not specifically
for Jonah Seiger. We bring it to you. -Shabbir]
>From [email protected] Fri Oct 18 17:35:35 1996
>Date: Fri, 18 Oct 96 17:49:32 EST
>To: [email protected]
>Subject: To Interested Members of the Internet Community:
I am writing to thank you for all your help and support of my effort
this year to pass legislation to enhance privacy and security on the
Internet.
As you all know by now, the 104th Congress adjourned before it had a
chance to act on S. 1726, the Promotion of Commerce Online in the Digital
Era Act of 1996. The bill, which was co-sponsored by Senators Leahy
(D-VT), Pressler (R-SD), Lott (R-MS), Wyden (D-OR) and many other
Senators from both parties, would have encouraged the widespread
availability of strong, easy to use privacy and security tools for
Internet Users.
Although the Senate was not able to act on Pro-CODE this year, our
efforts have laid the groundwork for real reform of US encryption policy
in the 105th Congress. And despite significant opposition from the
administration, Netizens had a significant impact on the Congressional
debate on the encryption issue. I am honored to have helped to arrange
the first ever Cybercasts of Congressional hearings, and I enjoyed the
many online discussions I had with Netizens. Together, we have helped
to show the Congress that the Internet user community can and should
have a voice in debates over critical Internet policy issues.
Finally, just days before adjournment, the Administration announced
yet another encryption policy initiative. The proposal continues to
insist on key escrow as a condition for lifting encryption export
controls, and raises numerous questions about privacy and
competitiveness.
This debate is not over by any stretch of the imagination. I intend
to move forward on pro-encryption legislation soon after the 105th
Congress begins in January.
You can find out more about this issue by visiting my web site
(http://www.senate.gov/~burns). You can also visit the Encryption
Policy Resource Page (http://www.crypto.com/) and the Internet Policy
Coalition page (http://www.privacy.org/ipc/). Set up by experts to
provide resources on the encryption policy debate, these sites also
contain information on how you can get more involved.
Thanks again for all your support. Next year, with your help, we can
reach a commonsense solution to the critical policy crisis on
encryption.
Sincerely,
U. S. Senator Conrad Burns
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LAW ENFORCEMENT NOW TRACKING CRIMES INVOLVING ENCRYPTION
[This was forwarded to us by one of our many encryption supporters with
a stronger legal background. The summary of it seems to be that someone
has decided to start tracking at crimes that involve encryption. Expect
these numbers to be used against us next year in the debate over crypto.
-Shabbir]
>From:XXXXXXXXXX
Check out title V of HR 3723, just signed into law by Clinton. It
expressly directs that
a) all criminal presentence reports (the written story-line/history
given to the judge on which the sentence is calculated) shall include
info on whether crypto was used to obstruct justice/commit crime, and
b) the Sentencing Comm'n (the folks who write the rules) start looking
at this issue, almost surely with a view to eventually writing
Guidelines that would bump up sentences of perps who made the mistake
of using crypto.
Other parts of the bill make various changes -- I can't tell how
substantial -- to sec. 1030, the main do-not-hack/crack statute. I'm
not worried about this right now, since what little I've seen looks
fairly cosmetic.
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PRESS CONTACT INFORMATION
Press inquiries on Crypto-News should be directed to
Shabbir J. Safdar (VTW) at +1.718.596.2851 or [email protected]
Jonah Seiger (CDT) at +1.202.637.9800 or [email protected]
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