======================================================================== SENATE COMMERCE COMMITTEE VOTE POSTPONED SENATOR BURNS ENCLOSES LETTER OF COMMITTMENT TO CRYPTO WE CONTINUE TO RECEIVE REPORTS OF "HEAVY CALLS" TO OFFICES. KEEP THE PRESSURE UP! WE'RE HOLDING OUR OWN! September 12, 1996 Please widely redistribute this document with this banner intact until September 30, 1996 ________________________________________________________________________ CONTENTS The Latest News What You Can Do Now Background / What To Expect This Week Description of S.1726, Pro-CODE Bill Chronology of Pro-Crypto Legislation For More Information / Supporting Organizations ________________________________________________________________________ THE LATEST NEWS The Senate Commerce Committee vote on S.1726 (Pro-CODE) originally set for today (Thursday 9/12) has been postponed. We have been told that the change was largely due to committee scheduling issues, and the Committee staff and have indicated that they are still committeed to marking up S. 1726 within the next. More information should be available shortly. Senator Conrad Burns (R-MT), co-author of S. 1726, asked us to forward the following note to the net.community: X-POP3-Rcpt: jseiger@mailserver From: Conrad_Burns@burns.senate.gov Date: Thu, 12 Sep 96 09:55:35 EST To: jseiger@cdt.org Subject: Open Letter to the Internet from Senator Burns The Commerce Committee markup on Pro-CODE, S. 1726, that we had expected to have held on Thursday, September 12 has been postponed. I am fully committed to taking Pro-CODE to markup, out of committee and onto the floor of the Senate in this Congress. I believe that this legislation is vital to ensuring the continued strength of America's high-tech community and the privacy of its citizens. I would like to thank the many thousands of Netizens who have expressed their support for Pro-CODE. Sincerely, U.S. Senator Conrad Burns It is critical to keep your phone calls and faxes coming into the offices of the Committee members listed below. Based on the feedback we are receiving from callers and conversations with Capitol Hill staff, the response from the Net has been strong and continuous. Thank you to all who have taken the time to call Congress to voice your support for encryption policy reform. If you have not yet done so, please take a moment to call the committee members below. If you have a little extra time on your hands, between now and the middle of next week please make an effort to call all the Senators on the list below. Your help and support is critical to the future of privacy and security on the Internet. Finally, please don't forget to sign the petition in support of Encryption Policy Reform -- http://www.crypto.com/petition/. More than 4000 Netizens have already signed, including encryption experts Phil Zimmermann, Matt Blaze, Phil Karn, and others. ________________________________________________________________________ WHAT YOU CAN DO NOW It's crucial that you call the Commerce committee members below and urge them to pass S.1726 out of committee without amendments. (This is also known as a "clean" bill.) Any opportunity for amendments (even if they are good) opens us up to the possibility of hostile amendments that could restrict the use of encryption even further than today's abysmal state. It could even prohibit the use of encryption without Clipper Chip-like key 'escrow' technology, which includes built-in surveillance and monitoring functionality. 1. Call/Fax the members of the Senate Commerce committee and urge them to pass S.1726 out of committee "cleanly". Do not use email, as it is not likely to be looked at in time to make a difference. Use the sample communique and directory listing below to make it a simple TWO MINUTE task. 2. Sign the petition to support strong encryption at http://www.crypto.com/petition/ ! Join other cyber-heroes as Phil Zimmermann, Matt Blaze, Bruce Schneier, Vince Cate, Phil Karn, and others who have also signed. 3. Over the next 7 days, it is crucial that you call all these members of the Senate Commerce Committee. P ST Name and Address Phone Fax = == ======================== ============== ============== D SC Hollings, Ernest F. 1-202-224-6121 1-202-224-4293 D MA Kerry, John F. 1-202-224-2742 1-202-224-8525 D HI Inouye, Daniel K. 1-202-224-3934 1-202-224-6747 D KY Ford, Wendell H. 1-202-224-4343 1-202-224-0046 D WV Rockefeller, John D. 1-202-224-6472 1-202-224-7665 D LA Breaux, John B. 1-202-224-4623 1-202-228-2577 D NV Bryan, Richard H. 1-202-224-6244 1-202-224-1867 D ND Dorgan, Byron L. 1-202-224-2551 1-202-224-1193 D NE Exon, J. J. 1-202-224-4224 1-202-224-5213 D OR Wyden, Ron* 1-202-224-5244 1-202-228-2717 R SD Pressler, Larry* 1-202-224-5842 1-202-224-1259 R MT Burns, Conrad R.(*sponsor) 1-202-224-2644 1-202-224-8594 R AK Stevens, Ted 1-202-224-3004 1-202-224-2354 R AZ McCain, John* 1-202-224-2235 1-202-228-2862 R WA Gorton, Slade 1-202-224-3441 1-202-224-9393 R MS Lott, Trent* 1-202-224-6253 1-202-224-2262 R TX Hutchison, Kay Bailey 1-202-224-5922 1-202-224-0776 R ME Snowe, Olympia 1-202-224-5344 1-202-224-1946 R MO Ashcroft, John* 1-202-224-6154 1-202-228-0998 R TN Frist, Bill 1-202-224-3344 1-202-228-1264 R MI Abraham, Spencer 1-202-224-4822 1-202-224-8834 * supporter or cosponsor. The bill also enjoys broad bi-partisan support from members not on the committee including Senators Leahy (D-VT) and Murray (D-WA). 4. Here is a sample conversation: SAMPLE PHONE CALL You:<ring ring> Sen:Hello, Senator Mojo's office! You: SAY I'm calling to urge the Senator to pass S.1726, the Burns, Leahy, THIS-> Pressler bill at the upcoming Commerce Committee Markup. The bill is critical to the future of privacy, security, and electronic commerce on the internet. Sen:Ok, thanks!<click> IF THEY SAY "The Senator has concerns about the bill", please answer, "Please try to work these issues out as it moves to the Senate floor, but passage out of committee will send an important signal to the Administration." 5. To help us measure the effectiveness of the campaign, WE NEED TO HEAR FROM YOU. Please tell us who you called, and how they sounded. We'll be passing this information to folks in D.C. who can help apply pressure where needed. $ Mail vtw@vtw.org Subject: I called so-and-so Hey, I called Sen. Mojo. He sounded iffy, call in the reinforcements. ^D 6. Forward this to your friends and colleagues in appropriate forums until the date of expiration at the top. Forward a copy of this to your Internet Service Provider as well, and ask them to put the following text in their message of the day (motd), or on their WWW page: ALERT ALERT ALERT ALERT ALERT ALERT ALERT ALERT ALERT ALERT ALERT The U.S. Senate will be voting on a proposal to encourage better security on the Internet soon. Your help is needed to call Congress. See http://www.crypto.com/ for more details. ALERT ALERT ALERT ALERT ALERT ALERT ALERT ALERT ALERT ALERT ALERT ________________________________________________________________________ BACKGROUND / WHAT TO EXPECT THIS WEEK For the past 3 years, Cyber-Rights Activists, citizens, and industry leaders have been working hard to reform US encryption policy. Support has been building behind several legislative proposals this year because they send a clear signal to the Administration about the need for security and privacy in the Information Age. The digital revolution is currently being held hostage by the White House's Cold War restrictions on privacy-enhancing encryption technology. Now, with Congress less than a month away from adjournment, everyone who supports encryption and privacy is working to see this bill leave committee in order to send a clear message to the White House that they are on the wrong side of the encryption issue. Although this bill may not become law this year, its passage out of committee will be a landmark event that will clearly tell the White House that the Congress, the public, and the computer industry care about security and privacy, and need strong, reliable encryption technology in order to make the Internet a viable platform for commerce, education, and democracy. Success for our side is not certain, and the next week is not without risks. On September 12th (or sometime soon after), the Senate Commerce committee is expected to hold a "markup", where the bill is examined, voted on, and if there are enough votes, passed out of committee. Two things could happen: -the committee could pass the bill as written, -the committee could pass the bill with amendments. Any amendments are not likely to be friendly, and in particular, quiet sources have told privacy activists that the Clinton Administration has been readying a legislative assault on your right to use encryption for several weeks now. A Clipper-like amendment could be attached to the bill if our side does not have enough votes to block all amendments. It is crucial that all netizens who consider privacy and security important take a moment to call members of the Commerce Committee right now and urge them to vote S.1726 out of committee without amendments. ________________________________________________________________________ DESCRIPTION OF S.1726, PRO-CODE BILL Privacy-enhancing encryption technology is currently under heavy restrictions kept in place by the White House. Encryption that is currently allowed to be exported is not sufficient to protect confidential information. This policy acquires an "Alice-in-Wonderland" quality when one realizes that strong encryption products are available abroad both for sale and for free download off the Internet. The Pro-CODE Act resolves to: 1. Allow for the *unrestricted* export of "mass-market" or "public-domain" encryption programs, including such products as Pretty Good Privacy and popular World Wide Web browsers. 2. Requires the Secretary of Commerce to allow the less restricted export of other encryption technologies if products of similar strength are generally available outside the United States, roughly up to DES strength. 3. Prohibits the federal government from imposing mandatory key-escrow encryption policies on the domestic market and limiting the authority of the Secretary of Commerce to set standards for encryption products. ________________________________________________________________________ CHRONOLOGY OF PRO-CRYPTO LEGISLATION 9/12/96 (scheduled) Senate Commerce committee will hold markup of S.1726 and hopefully pass it out of committee with no amendments. 7/25/96: Full Senate Commerce committee holds positive hearings on S.1726. FBI Director Louis Freeh testifies along with many cyber-luminaries. Hearings are cybercast Internet Cyber-Rights activists with HotWired and WWW.Crypto.Com. You can see the photos, read the testimony, and listen to the audio transcript at http://www.crypto.com/events/072596/ 6/26/96: Senate subcommittee holds positive hearings on S.1726. Hearings are cybercast Internet Cyber-Rights activists with HotWired and WWW.Crypto.Com. You can see the photos, read the testimony, and listen to the audio transcript at http://www.crypto.com/events/062696/ 5/2/96: Bi-partisan group of Senators introduce Pro-CODE Act, which would free public-domain encryption software (such as PGP) for export, free much commercial encryption for export, and reduce the government's ability to push Clipper proposals down the throats of an unwilling public. Original sponsors include: Senators Burns (R-MT), Dole (R-KS), Faircloth (R-NC), Leahy (D-VT), Murray (D-WA), Pressler (R-SD), and Wyden (D-OR). 3/5/96: Sen. Leahy (D-VT) and Rep. Goodlatte (R-VA) announce encryption bills (S.1587/H.R.3011) that significantly relax export restrictions on products with encryption functionality in them, as well as free public domain software such as PGP (Pretty Good Privacy). ________________________________________________________________________ FOR MORE INFORMATION / SUPPORTING ORGANIZATIONS There are many excellent resources online to get up to speed on crypto including the following WWW sites: http://www.crypto.com http://www.privacy.org http://www.eff.org http://www.cdt.org http://www.epic.org http://www.vtw.org Please visit them often. The following organizations have signed onto this alert: American Civil Liberties Union Center for Democracy and Technology Electronic Frontier Foundation Electronic Privacy Information Center Voters Telecommunications Watch ________________________________________________________________________ End alert ========================================================================