************************************************************************* This is a temporary e-mail address; I am in Cambridge until 12 March. Continue to send mail to schneier@counterpane.com; it forwards by itself. ************************************************************************* March 1, 1996 Hon. Patrick Leahy United States Senate Dear Senator Leahy, I would like to thank you for introducing the Encrypted Communications Privacy Act. As a member of the computer and information security research community, I am keenly aware of the vital role of cryptography in fostering the development of our information infrastructure. As the author of the book, "Applied Cryptography", I have unusual insights into the absurdity of cryptography export restrictions. It is not without irony that one may export my book in paper format, but not electronically. Presumably no rational person believes that the current restrictions actually prevent the spread of cryptography. I believe you recognize this, as evidenced from the strong stance taken in your bill. As the bill recognizes, we can no longer afford to hold on to the obsolete notion that cryptography is the sole province of government communications; the growth of modern networks has irrevocably pushed it into the mainstream. I applaud you leadership towards codifying these principles in a balanced and responsible way. In particular, the bill: o Removes the regulatory strangle-hold that has encumbered the development of mass-market security solutions; o Recognizes the futility of applying regulations intended to control the international arms trade to even the most mundane and commonly available software; o Encourages public confidence in encryption by allowing the marketplace to provide a full range of choices for privacy and security needs; o Recognizes the special obligations of keyholders to be vigilant in safeguarding the information entrusted to them, without imposing hurtles on the use of cryptography; o Allows the United States to continue its leadership role as a technological innovator; o Acknowledges the pivotal role of cryptography in electronic commerce. I continue to have concerns that the new criminal obstruction provision will discourage law abiding citizens from using cryptography. I hope that legislative history and further discussion will demonstrate the narrow intent of this crime. Overall, your bill takes very necessary strides towards ensuring that the protections we take for granted in traditional media keep pace with technology, and I commend your efforts. Sincerely, /s/ Bruce Schneier