* DISTRIBUTE WIDELY * Monday, February 7th, 1994 From: Jerry Berman, Executive Director of EFF jberman@eff.org Dear Friends on the Electronic Frontier, I'm writing a personal letter to you because the time has now come for action. On Friday, February 4, 1994, the Administration announced that it plans to proceed on every front to make the Clipper Chip encryption scheme a national standard, and to discourage the development and sale of alternative powerful encryption technologies. If the government succeeds in this effort, the resulting blow to individual freedom and privacy could be immeasurable. As you know, over the last three years, we at EFF have worked to ensure freedom and privacy on the Net. Now I'm writing to let you know about something *you* can do to support freedom and privacy. *Please take a moment to send e-mail to U.S. Rep. Maria Cantwell (cantwell@eff.org) to show your support of H.R. 3627, her bill to liberalize export controls on encryption software.* I believe this bill is critical to empowering ordinary citizens to use strong encryption, as well as to ensuring that the U.S. software industry remains competitive in world markets. Here are some facts about the bill: Rep. Cantwell introduced H.R. 3627 in the House of Representatives on November 22, 1993. H.R. 3627 would amend the Export Control Act to move authority over the export of nonmilitary software with encryption capabilities from the Secretary of State (where the intelligence community traditionally has stalled such exports) to the Secretary of Commerce. The bill would also invalidate the current license requirements for nonmilitary software containing encryption capablities, unless there is substantial evidence that the software will be diverted, modified or re-exported to a military or terroristic end-use. If this bill is passed, it will greatly increase the availability of secure software for ordinary citizens. Currently, software developers do not include strong encryption capabilities in their products, because the State Department refuses to license for export any encryption technology that the NSA can't decipher. Developing two products, one with less secure exportable encryption, would lead to costly duplication of effort, so even software developed for sale in this country doesn't offer maximum security. There is also a legitimate concern that software companies will simply set up branches outside of this country to avoid the export restrictions, costing American jobs. The lack of widespread commercial encryption products means that it will be very easy for the federal government to set its own standard--the Clipper Chip standard. As you may know, the government's Clipper Chip initiative is designed to set an encryption standard where the government holds the keys to our private conversations. Together with the Digital Telephony bill, which is aimed at making our telephone and computer networks "wiretap-friendly," the Clipper Chip marks a dramatic new effort on the part of the government to prevent us from being able to engage in truly private conversations. We've been fighting Clipper Chip and Digital Telephony in the policy arena and will continue to do so. But there's another way to fight those initiatives, and that's to make sure that powerful alternative encryption technologies are in the hands of any citizen who wants to use them. The government hopes that, by pushing the Clipper Chip in every way short of explicitly banning alternative technologies, it can limit your choices for secure communications. Here's what you can do: I urge you to write to Rep. Cantwell today at cantwell@eff.org. In the Subject header of your message, type "I support HR 3627." In the body of your message, express your reasons for supporting the bill. EFF will deliver printouts of all letters to Rep. Cantwell. With a strong showing of support from the Net community, Rep. Cantwell can tell her colleagues on Capitol Hill that encryption is not only an industry concern, but also a grassroots issue. *Again: remember to put "I support HR 3627" in your Subject header.* This is the first step in a larger campaign to counter the efforts of those who would restrict our ability to speak freely and with privacy. Please stay tuned--we'll continue to inform you of things you can do to promote the removal of restrictions on encryption. In the meantime, you can make your voice heard--it's as easy as e-mail. Write to cantwell@eff.org today. Sincerely, Jerry Berman Executive Director, EFF jberman@eff.org P.S. If you want additional information about the Cantwell bill, send e-mail to cantwell-info@eff.org. To join EFF, write membership@eff.org. The text of the Cantwell bill can be found with the any of the following URLs (Universal Resource Locaters): ftp://ftp.eff.org/pub/Policy/Legislation/cantwell.bill http://www.eff.org/ftp/EFF/Policy/Legislation/cantwell.bill gopher://gopher.eff.org/00/EFF/legislation/cantwell.bill