[updated July 18, 1994 shabbir]

[HR 3937 COMES TO THE FLOOR WEDNESDAY JULY 20TH; YOUR ACTION NEEDED] [PLEASE CHECK THE "WHAT YOU CAN DO RIGHT NOW" SECTION!] *********************************************************************

DISTRIBUTE WIDELY

*********************************************************************

Table of contents: Introduction & Alert Status of the bill What you can do right now List of legislators supporting HR 3937 (formerly HR 3627) List of legislators wavering on HR 3937 (formerly HR 3627) List of legislators opposing HR 3937 (formerly HR 3627) What is the Cantwell bill?

------------------------------------------------------------------------------- INTRODUCTION

Voters Telecomm Watch keeps scorecards on legislators' positions on legislation that affects telecommunications and civil liberties. If you have updates to a legislator's positions, from either:

-public testimony, -reply letters from the legislator, -stated positions from their office,

please contact vtw@panix.com so they can be added to this list.

General questions: vtw@panix.com Mailing List Requests: vtw-list-request@panix.com Press Contact: stc@panix.com Gopher URL: gopher://gopher.panix.com:70/1/1/vtw WWW URL: Be patient; we're working on it. :-) ------------------------------------------------------------------------------- STATUS OF THE BILL (updated 7/18/94)

The Cantwell bill HR3627, that allows for fewer restrictions on exports of cryptography, was rolled into the General Export Administration Act HR 3937. The House Foreign Affairs Committee passed the full strength version out of committee after open, public hearings. The House Intelligence Committee took the bill and gutted it after a day of closed, secret hearings. The gutted version will come to the House floor on Wednesday July 20th.

A amendment that reinstates Rep. Maria Cantwell's cryptography export provisions WILL be offered. It is crucial that you ensure that your representative knows that you support ONLY the amended version of this bill.

This may be the last thing you can do for the cryptographic export legislation. Take the time to make a call!

Schedule/Chronology of the bill Jul 20, 94 HR3937 comes to House floor; a "good" amendement will be offered [YOUR ACTION IS NEEDED TO PASS THIS] Jul 11, 94 House Rules Committee marks HR3937 "open"; allowing amendments Jun 30, 94 [*** vote postponed, perhaps till the week of 7/11/94] House Rules Comm. decides whether to allow amendments on the bill when it reaches the House floor Jun 14, 94 Gutted by the House Select Committee on Intelligence May 20, 94 Referred to the House Select Committee on Intelligence May 18, 94 Passed out of the House Foreign Affairs Committee on May 18 attached to HR 3937, the General Export Administration Act Dec 6, 93 Referred to the Subcommittee on Economic Policy, Trade and Nov 22, 93 Referred to the House Committee on Foreign Affairs.

------------------------------------------------------------------------------- WHAT YOU CAN DO RIGHT NOW

Estimated time to do this good deed: Six minutes

Your legislator needs to know that you want them to support HR3937 but only with an amendment including Rep. Maria Cantwell's cryptography export provisions.

If you wish to fax a letter instead of calling, that's fine too.

If you don't know who your representative is, call:

-The League of Women Voters in your area, or -Any representative from your state. They will tell you which is yours.

You can obtain a complete copy of all representatives by: -checking the VTW gopher site:

URL:gopher://gopher.panix.com:70/1/1/vtw (check under Congress)

-or by dropping a note to vtw@panix.com

[Our directory is a bit out of date. Please check all fax numbers before sending. People volunteering to obtain a new directory for us are welcome to help out.]

Feel free to use the following sample communique:

The Honorable ____________ address Washington DC, 20515

Dear Congressman or Congresswoman,

On Wed. July 20th, HR 3937 (General Export Administration Act) comes to the floor. Please support HR3937 but only with an amendment including Rep. Maria Cantwell's cryptography export provisions. These provisions are crucial to the development of privacy-enhancing technology as the competitiveness of the American cryptographic industry.

Sincerely,

_________________________________

A shorter telephone sample communique might be:

Dear Congressman or Congresswoman,

Please support HR3937 but only with an amendment including Rep. Maria Cantwell's cryptography export provisions.

Thank you.

-------------------------------------------------------------------------

LIST OF LEGISLATORS SUPPORTING CRYPTOGRAPHY EXPORT LEGISLATION

The following legislators have formally registered support for cryptography export legislation. Call them with your cheers.

All addresses are Washington, D.C. 20515

Dist ST Name, Address, and Party Phone Fax ==== == ======================== ============== ============== 1 WA Cantwell, Maria (D) 1-202-225-6311 1-202-225-2286 1520 LHOB HR 3627's sponsor; thank her for her work!

16 IL Manzullo, Donald (R) 1-202-225-5676 1-202-225-5284 506 Cannon Cosponsored HR 3627 on 11/22/93

3 UT Orton, William H. (D) 1-202-225-7751 1-202-226-1223 1122 LHOB Cosponsored HR 3627 on 03/22/94

3 OR Wyden, Ronald (D) 1-202-225-4811 1-202-225-8941 1111 LHOB Cosponsored HR 3627 on 03/22/94

16 CA Edwards, Donald (D) 1-202-225-3072 1-202-225-9460 2307 RHOB Cosponsored HR 3627 on 03/22/94

19 OH Fingerhut, Eric D. (D) 1-202-225-5731 1-202-225-9114 431 Cannon Cosponsored HR 3627 on 03/22/94

4 MA Frank, Barney (D) 1-202-225-5931 1-202-225-0182 2404 RHOB Cosponsored HR 3627 on 03/22/94

2 UT Shepherd, Karen (D) 1-202-225-3011 1-202-226-0354 414 Cannon Cosponsored HR 3627 on 03/22/94

3 WA Unsoeld, Jolene (D) 1-202-225-3536 1-202-225-9095 1527 LHOB Cosponsored HR 3627 on 03/22/94

19 FL Johnston II, Harry (D) 1-202-225-3001 1-202-225-8791 204 Cannon Cosponsored HR 3627 on 03/22/94

9 WA Kreidler, Mike (D) 1-202-225-8901 1-202-226-2361 1535 LHOB Cosponsored HR 3627 on 03/22/94

4 WA Inslee, Jay (D) 1-202-225-5816 1-202-226-1137 1431 LHOB Cosponsored HR 3627 on 03/22/94

7 WA McDermott, James A. (D) 1-202-225-3106 1-202-225-9212 1707 LHOB Cosponsored HR 3627 on 03/22/94

8 IN McCloskey, Frank (D) 1-202-225-4636 1-202-225-4688 306 Cannon Cosponsored HR 3627 on 03/22/94

14 CA Eshoo, Anna G. (D) 1-202-225-8104 1-202-225-8890 1505 LHOB Cosponsored HR 3627 on 03/22/94

10 NC Ballenger, Thomas C. (R) 1-202-225-2576 1-202-225-0316 2238 RHOB Cosponsored HR 3627 on 05/04/94

2 WA Swift, Al (D) 1-202-225-2605 1-202-225-2608 1502 LHOB Cosponsored HR 3627 on 05/04/94

------------------------------------------------------------------------------- LIST OF LEGISLATORS WAVERING ON CRYPTOGRAPHY EXPORT LEGISLATION [Feel free to use the sample communique at the end of the FAQ when calling or writing a legislator.]

26 NY Hinchey, Maurice D. (D) 1-202-225-6335 1-202-226-0774 1313 LHOB Recently told a constituent that he is taking the Cantwell bill under consideration, but has "national security concerns" about allowing encryption to be exported outside the United States.

1 IA Leach, James (R) 1-202-225-6576 1-202-226-1278 2186 RHOB Has yet to answer a constituent letter with a stated position.

13 NY Molinari, Susan (D) 1-202-225-3371 1-202-226-1272 123 Cannon Has yet to answer a constituent letter with a stated position. (has taken inordinately long)

8 NY Nadler, Jerrold (D) 1-202-225-5635 1-202-225-6923 424 Cannon Met with lobbying constituent in April '94; no position taken yet

25 CA McKeon, Howard P. (R) 1-202-225-1956 1-202-226-0683 307 Cannon Responded to a constituent with a "non-position", May '94 Had a favorable meeting with a constituent and a VTW volunteer in May '94.

------------------------------------------------------------------------------- LIST OF LEGISLATORS OPPOSING CRYPTOGRAPHY EXPORT LEGISLATION [Feel free to use the sample communique at the end of the FAQ when calling or writing a legislator.]

Dist ST Name, Address, and Party Phone Fax ==== == ======================== ============== ============== 5 AL Cramer Jr, Robert E. (D) 1-202-225-4801 1-202-225-4392 1318 LHOB

FAILED Cryptography exports: Voted to kill Rep. Cantwell's export provisions in the House Intelligence Committee on 6/15/94.

8 CA Pelosi, Nancy (D) 1-202-225-4965 1-202-225-8259 240 Cannon

FAILED Cryptography exports: Voted to kill Rep. Cantwell's export provisions in the House Intelligence Committee on 6/15/94.

32 CA Dixon, Julian C. (D) 1-202-225-7084 1-202-225-4091 2400 RHOB

FAILED Cryptography exports: Voted to kill Rep. Cantwell's export provisions in the House Intelligence Committee on 6/15/94.

40 CA Lewis, Jerry (R) 1-202-225-5861 1-202-225-6498 2312 RHOB

FAILED Cryptography exports: Voted to kill Rep. Cantwell's export provisions in the House Intelligence Committee on 6/15/94.

46 CA Dornan, Robert K. (R) 1-202-225-2965 no reliable fax 2402 RHOB

FAILED Cryptography exports: Voted to kill Rep. Cantwell's export provisions in the House Intelligence Committee on 6/15/94.

2 CO Skaggs, David E. (D) 1-202-225-2161 1-202-225-9127 1124 LHOB

FAILED Cryptography exports: Voted to kill Rep. Cantwell's export provisions in the House Intelligence Committee on 6/15/94.

10 FL Young, C. W. (R) 1-202-225-5961 1-202-225-9764 2407 RHOB

FAILED Cryptography exports: Voted to kill Rep. Cantwell's export provisions in the House Intelligence Committee on 6/15/94.

4 KS Glickman, Daniel (D) 1-202-225-6216 1-202-225-5398 2371 RHOB

FAILED Cryptography exports: Voted to kill Rep. Cantwell's export provisions in the House Intelligence Committee on 6/15/94.

1 NE Bereuter, Douglas (R) 1-202-225-4806 1-202-226-1148 2348 RHOB

FAILED Cryptography exports: Voted to kill Rep. Cantwell's export provisions in the House Intelligence Committee on 6/15/94.

9 NJ Torricelli, Robert (D) 1-202-224-5061 1-202-225-0843 2159 RHOB

FAILED Cryptography exports: Voted to kill Rep. Cantwell's export provisions in the House Intelligence Committee on 6/15/94.

3 NM Richardson, William (D) 1-202-225-6190 no reliable fax 2349 RHOB

FAILED Cryptography exports: Voted to kill Rep. Cantwell's export provisions in the House Intelligence Committee on 6/15/94.

1 NV Bilbray, James H. (D) 1-202-225-5965 1-202-225-8808 2431 RHOB

FAILED Cryptography exports: Voted to kill Rep. Cantwell's export provisions in the House Intelligence Committee on 6/15/94.

17 PA Gekas, George W. (R) 1-202-225-4315 1-202-225-8440 2410 RHOB

FAILED Cryptography exports: Voted to kill Rep. Cantwell's export provisions in the House Intelligence Committee on 6/15/94.

2 RI Reed, John F. (D) 1-202-225-2735 1-202-225-9580 1510 LHOB

FAILED Cryptography exports: Voted to kill Rep. Cantwell's export provisions in the House Intelligence Committee on 6/15/94.

14 TX Laughlin, Gregory H. (D) 1-202-225-2831 1-202-225-1108 236 Cannon

FAILED Cryptography exports: Voted to kill Rep. Cantwell's export provisions in the House Intelligence Committee on 6/15/94.

16 TX Coleman, Ronald D. (D) 1-202-225-4831 None 440 Cannon

FAILED Cryptography exports: Voted to kill Rep. Cantwell's export provisions in the House Intelligence Committee on 6/15/94.

19 TX Combest, Larry (R) 1-202-225-4005 1-202-225-9615 1511 LHOB

FAILED Cryptography exports: Voted to kill Rep. Cantwell's export provisions in the House Intelligence Committee on 6/15/94.

1 UT Hansen, James V. (R) 1-202-225-0453 1-202-225-5857 2466 RHOB

FAILED Cryptography exports: Voted to kill Rep. Cantwell's export provisions in the House Intelligence Committee on 6/15/94.

6 WA Dicks, Norman D. (D) 1-202-225-5916 1-202-226-1176 2467 RHOB

FAILED Cryptography exports: Voted to kill Rep. Cantwell's export provisions in the House Intelligence Committee on 6/15/94.

------------------------------------------------------------------------------- What is the Cantwell bill?

The Cantwell bill would permit companies to export products with encryption technology in them. US companies are currently not permitted to export products (hardware or software) with this technology in them.

What is encryption technology?

Encryption technology, or cryptography, is the art of scrambling a conversation so that only the people communicating can decode it. Other people (such as eavesdroppers) cannot learn about the conversation.

Where is cryptography being used?

Cryptography is used to encrypt electronic mail to protect its confidentiality in transit. It's used by bank automatic teller machines to protect sensitive data (such as your account number, your Personal Identification Number, and your bank balance). It can be implemented into software (such as electronic mail programs and word processors) as well as hardware (such as telephones and "walkie-talkies") to ensure your privacy.

Why is there a restriction on exporting products with technology in them?

For many years the United States poured vast sums of money into cryptography. The US government thought that if they did not let this technology be exported, foreign individuals would not be able to obtain it and use it against us (by keeping US intelligence agencies from eavesdropping on their communications)

Today, many companies selling cryptographic technology are producing their products for the global market. A recent Software Publishers' Association Report (available from the VTW gopher) identified over 200 non-US companies producing cryptographic technology in the global marketplace. You can buy the same, high-quality cryptographic technology from many international firms despite the US export regulations. Although the marketplace has changed, the regulations have not.

Why should the regulations be changed?

US companies compete in a global marketplace. Because of the export regulations, they often compete alongside products with superior cryptographic capabilities built into them.

The result is that US companies build their products with an inferior encryption technology. The result of this is that you, as an American consumer, have great difficulty obtaining products with strong encryption in them.

Because US products cannot compete against products with better privacy features, and because the laws are outdated, the regulations should be changed. The Cantwell bill fixes these regulations to more accurately resemble the current situation of the world marketplace.

How can I help encourage more privacy-enhanced products and pass the Cantwell bill?

Call or write your representative and ask them to support or cosponsor Rep. Cantwell's export provisions (formerly HR 3627) in the General Export Administration Act, HR 3937. You can base your letter on the sample communication below.

SAMPLE LETTER OR PHONE CALL

The Honorable ____________ address Washington DC, 20515

Dear Congressman or Congresswoman,

As a citizen concerned for my privacy, as well as a supporter of American business, I urge you to cosponsor the Rep. Cantwell's cryptographic export provisions (formerly HR 3627) in the General Export Administration Act, HR 3937.

The bill would allow US companies to produce and export products with cryptographic privacy-enhancing technology in them. These products are already available from firms throughout the world. US companies lose nearly $100 million per year in exports to them.

By encouraging this industry, ordinary citizens like you and me would be able to purchase products with better privacy features.

Please support or co-sponsor HR 3937.

Sincerely,

___________________________________

-------------------------------------------------------------------------------