Re: SAFE Bill is a Disaster--"Use a cipher, go to prison"

17 Dec 2003

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In <v03020900af8e49aa795c@[207.226.3.4]>, on 05/01/97 at 08:09 AM,
   Jonah Seiger <jseiger@cdt.org> said:
...
Tim -
...
It's too bad we may not see eye-to-eye on this one.
...
For what it's worth, CDT shares your concerns about the criminal provision
in the SAFE bill.  We believe that as currently written, the provision is
overly broad and could create a chilling effect on the everyday use of
encryption, and  unnecessary because it duplicates existing obstruction of
justice law.
...
We have expressed these concerns both publicly (in a letter to the
committee signed by EPIC, ACLU, EFF, VTW, CDT, and over 20 other
organizations - see  http://www.privacy.org/ipc/safe_letter.html) and
privately in conversations with the committee staff.  We hope to work with
the authors of SAFE to address these concerns, but, as you know, we are
not running this show and have to work with what the Congress gives us.
...
However, despite our concerns about the criminal provisions, we believe
strongly that the SAFE bill, and the bills in the Senate sponsored by
Burns and Leahy, are vitally important and should be passed.
...
As you know, the debate over encryption policy reform has been going on
for more than 4 years.  Despite all of our efforts to promote the use of
encryption, crypto is still not widely used by the public.
...
The Clinton administration has not backed off from their commitment to a
global key-escrow/key-recovery system with guaranteed law enforcement
access to private keys. And despite the brilliant work of EFF on the
various legal challenges to the export restrictions, we feel this issue
will only be fully resolved through legislation.
...
The status quo, in our view, is not good enough.  Because of the export
controls and the lack of a coherent US encryption policy, Internet users
do not have access to the privacy protecting encryption products they
need.
...
Congress needs to stand up to the Administration and say, with a strong
voice, "your policy is a failure - we need a different solution".  That's
what SAFE, Pro-CODE, and ECPA II do.
No that is not what they do. :(

In addition to *RESTRICTING* the use of *DOMESTIC* crypto it provides a
rather scary president:

An Admendment to the Constitution of the United States is only valid if
Congress says it is and only if the Rights provided by those Admendments
are exercised by The People in a manner that meets Congress's approval.

If Congress really want's to do somthing then let them pass a resolution
that the export restrictions of crypto in the EAR is unconstitional and
therfore null & void. Anything less or more is unneeded, unwanted, and
unconstitional.

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