Forwarded-by: Shari Steele <ssteele@eff.org> Department of Justice For Immediate Release Tuesday, August 26, 1997 CIV (202) 616-2777 TDD (202) 514-1888 JUSTICE DEPARTMENT STILL REVIEWING DISTRICT COURT DECISION ON EXPORT CONTROLS ON ENCRYPTION SOFTWARE WASHINGTON, D.C. -- The Justice Department said today it is considering what further legal measures it will take following yesterday's ruling by the U.S. District Court in San Francisco that certain aspects of the government's regulations on the export of encryption software are unconstitutional. Another federal court upheld the export controls on encryption software. The Administration is committed to promoting the legitimate use of encryption. Through encryption--or the coding of messages--businesses can protect trade secrets, hospitals can safeguard medical records, and individuals can be assured that personal messages on the information superhighway remain private. But, as President Clinton stated upon issuing an Executive Order on this subject on November 15, 1996, the use of encryption products by unfriendly parties outside the United States can jeopardize the foreign policy and national security interests of the United States, and public safety of U.S. citizens. Judicial proceedings in Bernstein v. Department of State are not yet concluded, and the decision governs only that case. In March 1996, in another pending case in Washington, D.C., Karn v. Department of State, the District Court ruled that export controls on encryption software are constitutional under the First Amendment and serve important interests of the United States. That case is still pending to consider export controls on encryption now administered by the Commerce Department. Until this issue is resolved, export controls on encryption software remain in place. Individuals or companies wishing to export encryption software by any means must continue to adhere to applicable export licensing controls on such software before exporting it abroad. ### 97-351