Reply to: ACM/IEEE Letter on Crypto Association For Computing Machinery Office of US Public Policy 666 Pennsylvania Avenue SE Suite 301 Washington, DC 20003 USA (tel) 202/298-0842 (fax) 202/547-5482 Institute of Electronics and Electrical Engineers United States Activities 1828 L Street NW Suite 1202 Washington, DC 20036-5104 USA (tel) 202/785-0017 (fax) 202/785-0835 April 2, 1996 Honorable Conrad Burns Chairman, Subcommittee on Science, Technology and Space Senate Commerce, Science and Transportation Committee US Senate SD-508 Washington, DC 20510 Dear Chairman Burns: On behalf of the nation's two leading computing and engineering associations, we are writing to support your efforts, and the efforts of the other cosponsors of the Encrypted Communications Privacy Act, to remove unnecessarily restrictive controls on the export of encryption technology. The Encrypted Communications Privacy Act sets out the minimum changes that are necessary to the current export controls on encryption technology. However, we believe that the inclusion of issues that are tangential to export, such as key escrow and encryption in domestic criminal activities, is not necessary. The relaxation of export controls is of great economic importance to industry and users, and should not become entangled in more controversial matters. Current restrictions on the export of encryption technology harm the interests of the United States in three ways: they handicap American producers of software & hardware, prevent the development of a secure information infrastructure, and limit the ability of Americans using new online services to protect their privacy. The proposed legislation will help mitigate all of these problems, though more will need to be done to assure continued US leadership in this important hi-tech sector. Technological progress has moved encryption from the realm of national security into the commercial sphere. Current policies, as well as the policy-making processes, should reflect this new reality. The legislation takes a necessary first step in shifting authority to the Commerce Department and removing restrictions on certain encryption products. Future liberalization of export controls will allow Americans to excel in this market. The removal of out-dated restrictions on exports will also enable the creation of a Global Information Infrastructure sufficiently secure to provide seamless connectivity to customers previously unreachable by American companies. The United States is a leader in Internet commerce. However, Internet commerce requires cryptography. Thus American systems have been hindered by cold-war restraints on the necessary cryptography as these systems have moved from the laboratory to the marketplace. This legislation would open the market to secure, private, ubiquitous electronic commerce. The cost of not opening the market may include the loss of leadership in computer security technologies, just at the time when Internet users around the world will need good security to launch commercial applications. For this legislation to fulfill its promise the final approval of export regulations must be based on analysis of financial and commercial requirements and opportunities, not simply on the views of experts in national security cryptography. Therefore, we urge you to look at ways to further relax restrictive barriers. Finally, the legislation will serve all users of electronic information systems by supporting the development of a truly global market for secure desktop communications. This will help establish private and secure spaces for the work of users, which is of particular interest to the members of the IEEE/USA and the USACM. On behalf of the both the USACM and the IEEE/USA we look forward to working with you on this important legislation to relax export controls and promote the development of a robust, secure, and reliable communications infrastructure for the twenty-first century. Please contact Deborah Rudolph in the IEEE Washington Office at (202) 785-0017 or Lauren Gelman in the ACM Public Policy Office at (202) 298-0842 for any additional information. Sincerely, Barbara Simons, Ph.D.3 Chair, U.S. Public Policy Committee of ACM Joel B. Snyder, P.E. Vice President, Professional Activities and Chair, United States Activities Board cc: Members of the Subcommittee on Science, Technology and Space