[5625] in cryptography@c2.net mail archive
IP: Statement By The Press Secretary: Administration Announces
daemon@ATHENA.MIT.EDU (Robert Hettinga)
Thu Sep 16 18:06:59 1999
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Date: Thu, 16 Sep 1999 17:48:58 -0400
To: dcsb@ai.mit.edu, cryptography@c2.net, cypherpunks@cyberpass.net
From: Robert Hettinga <rah@shipwright.com>
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Date: Thu, 16 Sep 1999 15:32:09 -0400
To: ip-sub-1@admin.listbox.com
From: David Farber <farber@cis.upenn.edu>
Subject: IP: Statement By The Press Secretary: Administration Announces New
Approach to Encryption
Sender: owner-ip-sub-1@admin.listbox.com
Reply-To: farber@cis.upenn.edu
>
> THE WHITE HOUSE
>
> Office of the Press Secretary
>___________________________________________________________________________
> ________________
>For Immediate Release
>September 16, 1999
>
>
> STATEMENT BY THE PRESS SECRETARY
>
> Administration Announces New Approach to Encryption
>
> One year ago today, Vice President Gore announced updates to the
>Administration?s encryption policy to serve the full range of national
>interests: promoting electronic commerce, supporting law enforcement and
>national security, and protecting privacy. The announcement permitted the
>export of strong encryption to protect sensitive information in the
>financial, health, medical, and electronic commerce sectors. It also
>included support for the continued ability of the nation?s law enforcement
>community to access, under strictly defined legal procedures, the plain
>text of criminally related communications and stored information. At that
>time the Administration committed to reviewing its policy in one year.
>Today, the Administration announces the results of that review, conducted
>in consultation with industry and privacy groups and the Congress.
>
> The strategy announced today continues to maintain the balance among
>privacy, commercial interests, public safety and national security. This
>approach is comprised of three elements ? information security and privacy,
>a new framework for export controls, and updated tools for law enforcement.
>First, the strategy recognizes that sensitive electronic information ?
>government, commercial, and privacy information -- requires strong
>protection from unauthorized and unlawful access if the great promise of
>the electronic age is to be realized. Second, it protects vital national
>security interests through an updated framework for encryption export
>controls that also recognizes growing demands in the global marketplace for
>strong encryption products. Finally, it is designed to assure that, as
>strong encryption proliferates, law enforcement remains able to protect
>America and Americans in the physical world and in cyberspace.
>
> With respect to encryption export controls, the strategy announced
>today rests on three principles: a one-time technical review of encryption
>products in advance of sale, a streamlined post-export reporting system,
>and a process that permits the government to review the exports of strong
>encryption to foreign government and military organizations and to nations
>of concern. Consistent with these principles, the government will
>significantly update and simplify export controls on encryption.
>
> The updated guidelines will allow U.S. companies new opportunities to
>sell their products to most end users in global markets. Under this
>policy:
>
>? Any encryption commodity or software of any key length may be exported
> under license exception (i.e., without a license), after a technical
> review, to individuals, commercial firms, and other non-government end
> users in any country except for the seven state supporters of
> terrorism.
>
>? Any retail encryption commodities and software of any key length may
> be exported under license exception, after a technical review, to any
> end user in any country, except for the seven state supporters of
> terrorism.
>
>? Streamlined post-export reporting will provide government with an
> understanding of where strong encryption is being exported, while also
> reflecting industry business models and distribution channels.
>
>? Sector definitions and country lists are eliminated.
>
> The Administration intends to codify this new policy in export
>regulations by
>December 15, 1999, following consultations on the details with affected
>stakeholders.
>
> In support of public safety, the President is today transmitting to the
>Congress legislation that seeks to assure that law enforcement has the
>legal tools, personnel, and equipment necessary to investigate crime in an
>encrypted world. Specifically, the Cyberspace Electronic Security Act of
>1999 would:
>
>? Ensure that law enforcement maintains its ability to access decryption
> information stored with third parties, while protecting such information
> from inappropriate release.
>
>? Authorize $80 million over four years for the FBI?s Technical Support
> Center, which will serve as a centralized technical resource for
> Federal, State, and local law enforcement in responding to the
> increasing use of encryption by criminals.
>
>? Protect sensitive investigative techniques and industry trade secrets
> from unnecessary disclosure in litigation or criminal trials involving
> encryption, consistent with fully protecting defendants? rights to a
> fair trial.
>
> In contrast to an early draft version of the bill, the
>Administration?s legislation does not provide new authorities for search
>warrants for encryption keys without contemporaneous notice to the subject.
>The bill does not regulate the domestic development, use and sale of
>encryption. Americans will remain free to use any encryption system
>domestically.
>
> The Administration looks forward to continuing to work with the
>Congress, industry, and privacy and law enforcement communities to ensure a
>balanced approach to this issue.
>
>
> # # #
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-----------------
Robert A. Hettinga <mailto: rah@ibuc.com>
The Internet Bearer Underwriting Corporation <http://www.ibuc.com/>
44 Farquhar Street, Boston, MA 02131 USA
"... however it may deserve respect for its usefulness and antiquity,
[predicting the end of the world] has not been found agreeable to
experience." -- Edward Gibbon, 'Decline and Fall of the Roman Empire'
