(To: medialink-list@WELL.com, cypherpunks@toad.com, action@eff.org, hal@hal.hpl.hp.com, farber@central.cis.upenn.edu, junger@pdj2-ra.F-REMOTE.cwru.edu) 12 March 1996 Before IEEE decides to "applaud" Leahy's bill publicly, I hope that the organization carefully considers the bill's shortcomings. In particular it might want to consider the critique written by Peter Junger <junger@pdj2-ra.F-REMOTE.cwru.edu> of Case Western University Law School. Junger writes that with Leahy's legislation: "The major threat is that, for the first time, there would be at least colorable Congressional authority for the requirement that one obtain a license before publishing or otherwise disclosing information. And software is, after all, nothing but information." I urge the IEEE to rethink its position. At the very least, please consider supporting Rep. Goodlatte's bill which includes a more explicit prohibition on the executive branch mandating key escrow. It is important that we back that bill before it goes to conference, since we can have little impact on it thereafter. Please redistribute this letter as appropriate. Warmly, Philomela =-==-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= DRAFT -- Do NOT Redistribute! IEEE Applauds Leahy Encryption Bill =-==-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= DRAFT March 12, 1996 The Committee on Communications and Information Policy of the Institute of Electrical and Electronics Engineers, United States Activities applauds the proposed Encrypted Communications Privacy Act. This legislation, introduced by Senators Pat Leahy (D-VT), Patricia Murray (D-WA) and Conrad Burns (R-MT), will remove unnecessarily restrictive controls on the export of encryption technology. Current restrictions on the export of encryption technology harm the interests of the United States in three ways: they handicap American producers of software and hardware, prevent the development of a secure information infrastructure, and limit the ability of electronically active Americans to maintain their privacy. The proposed legislation addresses all of these issues, while maintaining prohibition on the use of cryptography to hide criminal activities. Technological progress has moved encryption from the realm of national security into private sphere. Current policies, as well as the policy-making processes, should reflect this new reality. We applaud recent changes in information policy which mitigate the severity of controls on encryption technologies. With the additional changes sought by Senators Leahy, Murray and Burns, the United States can maintain its historical leadership in cryptography. Without the handicap of limitations on their ability to export secure systems, American software and hardware producers have the potential to excel in the global market for secure products. The removal of unnecessary 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 to secure American Internet products may include the loss of decades of leadership in Internet technologies, just as the Internet is entering its most profitable period. Finally, Sen. Leahy, Murray and Burns would be serving all users of electronic information systems in creating a truly global market for secure desktop environments. Having secure and private electronic spaces is of particular interest to the Institute of Electrical and Electronics Engineers, United States Activities and its members. The Committee on Communications and Information Policy of the Institute of Electrical and Electronics Engineers, United States Activities applauds Senators Pat Leahy (D-VT), Patricia Murray (D-WA) and Conrad Burns (R-MT) for their foresight and supports the proposed legislation to liberalize controls on cryptography. Sincerely, [Signed] Visit http://www.ieee.org/ for more information.