That's right - the clock is ticking. The deadline to get things to cryptnow@eff.org is 8:00pm EST. It is now just before 4pm - that's 4 short hours to go. Don't let this deadline pass! Please note - my previous message offered a sample letter directed to "Mr. Director". NIST's director is actually a woman, so please omit the "Mr.". ============================= And because time is so tight, EFF has set up an Internet address where you can send your electronic comments in lieu of mailing them through the U.S. Postal Service. Send your letters to: cryptnow@eff.org We will be printing out all letters and hand-delivering them before the deadline, so please make sure to send us any letter you want included no later than 8pm on Monday, September 27. If you would like additional background materials, you can browse the pub/EFF/crypto area of our anonymous ftp site (ftp.eff.org). The original solicitation of comments can be found there and is called NIST-escrow-proposal. DO NOT WAIT TO WRITE YOUR COMMENTS! TIME IS SHORT! ====================== <<your name>> <<your organization>> <<your street address>> <<your city, state, zip>> <<date>> National Institute for Standards and Technology (NIST) ATTN: Proposed FIPS for Escrowed Encryption Standard Technology Building, Room B-154 National Institute of Standards and Technology Gaithersburg, MD 20899 Mr. Director: I am writing to oppose the Proposed Federal Information Processing Standard (FIPS) for and Escrowed Encryption Standard, docket # 930659-3159. Encryption is vital for the protection of individual privacy in the Information Age. As more and more personal information flows around electronic networks, we all need strong encryption to safeguard information from unwanted intrusion NIST should not be moving forward with technical standards specification until critical policy decisions are made. These policy issues include: o Continued Legal Use of All Forms of Encryption: When the Clinton Administration announced the Clipper Chip, it assured the public that this would be a purely voluntary system. We must have legal guarantees that Clipper isn't the first step toward prohibition against un-escrowed encryption. o Legal Rights of Escrow Users: If people choose to deposit their keys with the government or any other escrow agent, they must have some legal recourse in the event that those keys are improperly released. The most recent draft of the escrow procedures specifically states, however: "These procedures do not create, and are not intended to create, any substantive rights for individuals intercepted through electronic surveillance, and noncompliance with these procedures shall not provide the basis for any motion to suppress or other objection to the introduction of electronic surveillance evidence lawfully acquired." Leaving users with no recourse will discourage use of the system and is a tacit acceptance of unscrupulous government behavior. o Open Standards: People won't use encryption unless they trust it. Secret standards such as Clipper cannot be evaluated by independent experts and do not deserve the public trust. In addition, the current proposed technical standard is incomplete. It should not be approved until futher comment on the complete proposal is possible o Operating Procedures Unclear: The full operating procedures for the escrow agents has yet to be issued. Public comment must be sought on the complete procedures, not just the outline presented in the draft FIPS. Even the government-selected algorithm review group has declared that it needs more information on the escrow process. o Identity of Escrow Agents: The identity of one or both of the escrow agents has not been firmly established. o Algorithm Classified: Asking for comments on an algorithm that is classified makes a mockery of citizen participation in government decision-making. NIST will be involved in making many critical decisions regarding the National Information Infrastructure. The next time NIST solicits public comments, it should be ready to accept reply by electronic mail in addition to paper-based media. Sincerely, <<name>> <<title>> ****************************** Sarah L. Simpson Membership Coordinator Electronic Frontier Foundation 1001 G Street, NW Suite 950 East Washington, DC 20001 202/347-5400 tel 202/393-5509 fax