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Thursday March 20 2:56 PM EST
Clinton Admin. To Offer Encryption Bill Shortly
WASHINGTON - The Clinton administration plans to introduce legislation
soon that would clearly affirm that encryption users in this country
are free to use any type or strength of encryption technology, a
senior administration official said.
Currently, no such explicit law is on the books.
Under Secretary of Commerce William Reinsch also told a Senate
Commerce Committee hearing the bill would explicitly state that
participation in so-called "key management infrastructure" would be
voluntary. Key refers to the password or software "key" that can read
encrypted information.
The bill also would:
-- Spell out the legal conditions for the release of "recovery
information" to law enforcement officials. The bill also provides
legal safeguards for third-party "key recovery agents" who have
properly released such information.
-- Criminalizes the misuse of keys and the use of encryption to
further a crime.
-- Offers, on a voluntary basis, firms that are in the business of
providing public cryptography keys the opportunity to obtain
government recognition. Such recognition, Reinsch said, would allow
firms to "market the trustworthiness implied by government approval.
The testimony came in a hearing on two bills introduced by Senate
lawmakers that would remove almost all export curbs on encryption
technology.
The administration's newest export policy, enacted through executive
order in November and in effect since January 1, allows export of
stronger encryption than previously allowed.
But it requires companies to incorporate features within two years
allowing the government to crack the codes by getting access to the
software keys.
Administration officials said they opposed the export provisions in
the two Senate bills, saying that the export liberalization goes too
far.
The bills were offered by Sens. Patrick Leahy (D-Vt.) and Conrad Burns
(R-Montana).
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