----------------------------------------------------------------------------- _____ _____ _______ / ____| __ \__ __| ____ ___ ____ __ | | | | | | | | / __ \____ / (_)______ __ / __ \____ _____/ /_ | | | | | | | | / /_/ / __ \/ / / ___/ / / / / /_/ / __ \/ ___/ __/ | |____| |__| | | | / ____/ /_/ / / / /__/ /_/ / / ____/ /_/ (__ ) /_ \_____|_____/ |_| /_/ \____/_/_/\___/\__, / /_/ \____/____/\__/ The Center for Democracy and Technology /____/ Volume 2, Number 26 ---------------------------------------------------------------------------- A briefing on public policy issues affecting civil liberties online ---------------------------------------------------------------------------- CDT POLICY POST Volume 2, Number 26 June 28, 1996 CONTENTS: (1) Senate Encryption Hearing - Sea Change in Policy Debate (2) First Ever "Cybercast" of Congressional Hearing (3) SAFE Forum Live Online -- Join Us July 1st! (4) CDT Deputy Director Janlori Goldman on C-SPAN - 7/1/96 (5) How to Subscribe/Unsubscribe (6) About CDT, contacting us ** This document may be redistributed freely with this banner intact ** Excerpts may be re-posted with permission of <editor@cdt.org> ** This document looks best when viewed in COURIER font ** ----------------------------------------------------------------------------- (1) SENATE ENCRYPTION HEARING ILLUSTRATES SEA CHANGE IN POLICY DEBATE On Wednesday June 26, 1996 the Senate Commerce Subcommittee on Science, Space, and Technology held a hearing to consider legislation designed to encourage the widespread availability of strong, easy-to-use, privacy and security technologies for the Internet. Wednesday's hearing illustrated that a sea change has occurred in Congressional attitude towards the encryption policy debate. While members of the Subcommittee noted the complex law enforcement issues raised by the encryption policy debate, the Senators also recognized that because of the global nature of the Internet, top down regulations such as export controls and centralized government mandates like the Clipper schemes will not address the needs of individuals, business, and even law enforcement in the Information Age. In addition, several Senators noted that future of electronic commerce, privacy, and the competitiveness of the US computer industry should not be held hostage to law enforcement considerations. This change in Congressional attitude towards encryption policy is significant and extremely encouraging. Wednesday's hearing was also significant because it was the first ever Congressional hearing cybercast live on the Internet. Details on the Cybercast are attached below. The hearing, chaired by Senator Conrad Burns (R-MT), was called to consider the Promotion Of Commerce Online in the Digital Era (Pro-CODE) legislation, which would relax current regulations restricting the export of strong encryption. Witnesses testifying before the panel included: * Phil Zimmermann, Inventor of PGP * Whit Diffie, Sun Microsystems, Father of Public-Key Cryptography * Phil Karn, Qualcomm Inc, Cryptographer * Marc Rotenberg, Director, Electronic Privacy Information Center * Jerry Berman, Executive Director, Center for Democracy and Technology * Matt Blaze, Lucent Technologies Cryptographer, * Barbara Simons, Chair of US Public Policy Committee, ACM * And 135 Netizens (http://www.crypto.com) CDT Executive Director Jerry Berman also testified before the Subcommittee. Noting that the current US encryption policy has left individual Internet users without adequate privacy and businesses without necessary security, Berman urged Congress to instead move forward to reform US policy based on the following principals: * THE INTERNET IS NOT LIKE A TELEPHONE SYSTEM: The traditional approach to wiretapping cannot simply be extended to the Internet. This new medium encompasses a range of social functions far beyond simple two- way voice communication. These broad activities demand a heightened capacity for uses to protect their security and privacy online. * THE INTERNET IS A GLOBAL, DECENTRALIZED MEDIUM: Efforts to impose unilateral national policies -- such as export controls or key escrow proposals -- are unlikely to be accepted widely. Decentralized user choice solutions to privacy problems are preferable to and more effective than centralized, governmental mandates (such as the Clipper proposals). * ON THE INTERNET, THE BILL OF RIGHTS IS A LOCAL ORDINANCE: Constitutional guarantees of privacy and free expression to U.S. Citizens whose communications regularly cross national borders. Policies should be designed to protect Americans outside the shelter of U.S. law. Berman expressed CDT's strong support for Congressional efforts to reform US Encryption policy, and urged Congress to act quickly to liberalize export controls and provide American Internet users with the strong security and privacy they so badly need. Audio transcripts of the Hearing, copies of the prepared statements of the witnesses, and other background information is available at CDT's encryption policy web page: http://www.cdt.org/crypto/ HEARING SHOWS NEW SENSE OF URGENCY AND FOCUS IN CONGRESS The clearest example of the emerging frustration in Congress with the current export restrictions came in an exchange between Senator John Aschroft (R-MO) and Phil Karn, a cryptographer with Qualcomm and a plaintiff in a case challenging the export restrictions: Sen. Aschroft: So for all other countries, the world is the market, but for American companies, America is the only market and the rest of the world is off limits? Karn: You've got it. Sen. Aschroft: Mr. Chairman, I think that's one of the reasons we need to look very carefully at the bill (Pro-CODE) we are looking at here today... Sen. Aschroft: In all our discussions about whether it (cryptography) is good or bad, we ignore the fact that it's THERE, and it can be available to Americans by American companies, it cannot be available to anyone else by American companies, but it can be available around the world by a company in any other country. This exchange, as well as strong statements in support of the Burns Pro-CODE bill from Senators Patrick Leahy (D-VT), Ron Wyden (D-OR), and Representative Bob Goodlatte (R-VA), who made the unusual move of coming to a Senate hearing, show that Congress is finally giving the need to reform US encryption policy serious support. A hearing of the full Senate Commerce Committee, chaired by Senator Larry Pressler (R-SD) is expected in mid July. Representatives from the Administration and Law Enforcement agencies are expected to testify. CDT is working with Senator Burns' and Senator Pressler to bring that hearing live online. Check CDT's "Congress and the Net" Web Page at http://www.cdt.org/net_congress/ ----------------------------------------------------------------------- (2) FIRST EVER CYBERCAST OF CONGRESSIONAL HEARING SHOWS CONGRESS' GROWING DESIRE TO REACH OUT TO THE INTERNET COMMUNITY Wednesday's hearing was the first Congressional hearing to be cybercast live on the Internet. The cybercast, coordinated at the request of Senator Burns by the Center for Democracy and Technology, HotWired, DIGEX, and the Voters Telecommunications Watch, provided Netizens around the world with the opportunity to be a part of the Congressional debate on an important Internet policy issue. By reaching out to the net.community and providing netizens with an opportunity to participate in the hearing (Senator Burns asked several questions posed by the online audience), the cybercast marked an historic moment in the evolution of the net.community as a political force. In addition to a live audio feed from the hearing, approximately 40 netizens participated in a simultaneous discussion of the hearing in a chat area on HotWired. A member of Senator Burns' staff also joined the discussion from inside the hearing room, providing insights into the proceedings, answering questions from the audience, and delivering audience questions to Senator Burns. The goal of the hearing cybercast, as well as other recent CDT sponsored online discussions with members of Congress, is to bring the net.community and Congress together on critical Internet policy issues in order to encourage a constructive dialogue and mutual understanding. CDT is pleased to have been a part of this historic event, and looks forward to bringing the next Senate Encryption hearing tentatively set for mid-July online. Audio transcripts from the hearing are available at: http://www.cdt.org/net_congress/ ---------------------------------------------------------------------- (3) SECURITY AND FREEDOM THROUGH ENCRYPTION FORM -- JULY 1, STANFORD CA The Security and Freedom through Encryption (SAFE) is set for July 1 in Stanford, California. The event will bring together members of Congress, privacy advocates, cryptographers, and industry leaders for a discussion on the need to reform US encryption policy. A complete list of speakers and the program schedule is available at the URL below. HOW TO PARTICIPATE IN THE SAFE FORUM * The Forum is free and open to the public. You can reserve your free ticket by visiting http://www.crypto.com/safe SPACE IS LIMITED AND YOU MUST REGISTER BY 12:00 MIDNIGHT EDT/9:00 pm PDT SUNDAY June 30. * The SAFE Forum will also be CYBERCAST LIVE ON THE NET! For information on how you can join, visit: http://www.crypto.com/safe/cybercast.html ----------------------------------------------------------------------- (4) CDT DEPUTY DIRECTOR TO APPEAR ON C-SPAN'S WASHINGTON JOURNAL MONDAY JULY 1 7:45am EDT / 4:45am PDT CDT Deputy Director Janlori Goldman will appear on C-SPAN's interview program "Washington Journal" on Monday July 1 at 7:45am EDT / 4:45am PDT. She will be discussing privacy issues on the Internet. The program will also highlight CDT's Privacy Demonstration and Online Privacy Clearinghouse. CDT's Privacy Demonstration and Privacy Issues Page can be accessed at: http://www.cdt.org/privacy/ ------------------------------------------------------------------------ (5) SUBSCRIPTION INFORMATION Be sure you are up to date on the latest public policy issues affecting civil liberties online and how they will affect you! Subscribe to the CDT Policy Post news distribution list. CDT Policy Posts, the regular news publication of the Center For Democracy and Technology, are received by nearly 10,000 Internet users, industry leaders, policy makers and activists, and have become the leading source for information about critical free speech and privacy issues affecting the Internet and other interactive communications media. To subscribe to CDT's Policy Post list, send mail to policy-posts-request@cdt.org with a subject: subscribe policy-posts If you ever wish to remove yourself from the list, send mail to the above address with a subject of: unsubscribe policy-posts ----------------------------------------------------------------------- (6) ABOUT THE CENTER FOR DEMOCRACY AND TECHNOLOGY/CONTACTING US The Center for Democracy and Technology is a non-profit public interest organization based in Washington, DC. The Center's mission is to develop and advocate public policies that advance democratic values and constitutional civil liberties in new computer and communications technologies. Contacting us: General information: info@cdt.org World Wide Web: URL:http://www.cdt.org/ FTP URL:ftp://ftp.cdt.org/pub/cdt/ Snail Mail: The Center for Democracy and Technology 1634 Eye Street NW * Suite 1100 * Washington, DC 20006 (v) +1.202.637.9800 * (f) +1.202.637.0968 ----------------------------------------------------------------------- End Policy Post 2.26 6/28/96 -----------------------------------------------------------------------