----------------------------------------------------------------------------- _____ _____ _______ / ____| __ \__ __| ____ ___ ____ __ | | | | | | | | / __ \____ / (_)______ __ / __ \____ _____/ /_ | | | | | | | | / /_/ / __ \/ / / ___/ / / / / /_/ / __ \/ ___/ __/ | |____| |__| | | | / ____/ /_/ / / / /__/ /_/ / / ____/ /_/ (__ ) /_ \_____|_____/ |_| /_/ \____/_/_/\___/\__, / /_/ \____/____/\__/ The Center for Democracy and Technology /____/ Volume 2, Number 27 ---------------------------------------------------------------------------- A briefing on public policy issues affecting civil liberties online ---------------------------------------------------------------------------- CDT POLICY POST Volume 2, Number 27 July 12, 1996 CONTENTS: (1) No New News on Encryption - VP Gore Reiterates Support for Key Escrow (2) How to Subscribe/Unsubscribe (3) 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) NO NEW NEWS ON ENCRYPTION - VP GORE REITERATES SUPPORT FOR KEY ESCROW Despite the growing pressure from Congress, privacy advocates, the computer industry, and the public for the reform of US encryption policy, the Administration continues to embrace its Clipper III key-escrow encryption proposal. In a written statement issued Friday (7/12), the Vice President announced that the Administration will continue to push for the adoption of a massive public key infrastructure to enable law enforcement access to encryption communications and continue to rely on cold war-era export controls. [The full text of the announcement is available on CDT's Encryption Policy Issues Page: http://www.cdt.org/crypto/] CDT is disappointed that the Administration's latest statement offered no new solutions to what is becoming a critical policy issue for the future of the Internet and the development of a secure and trusted global information infrastructure. Friday's announcement comes amid growing concern from bi-partisan members of Congress, computer industry leaders, privacy advocates, and the public. Recent calls for changes in current US encryption policy include: * Bipartisan legislation in both the House and Senate designed to relax US encryption export controls and encourage the widespread availability of strong, easy to use encryption technologies. * The Security and Freedom through Encryption (SAFE) Forum, held on July 1st, where members of Congress, computer industry leaders, privacy advocates and the public discussed the need to reform US encryption policy. * The recent report by the National Research Council which criticizes current policy as failing to address the needs of an information age society. These developments represent a growing consensus among members of Congress, the computer industry, and privacy advocates that current US encryption policy is harming the competitiveness of US industry and endangering the privacy of computer users. Our understanding of this consensus does not match the conclusion the Vice President reaches that: "A consensus is emerging around the vision of a global cryptography system that permits the use of any encryption method the user chooses, with a stored key to unlock when necessary". CDT sees no evidence of broad support for a key escrow approach. While the Administration seems to acknowledge the importance of encryption for privacy and electronic commerce, neither the current policy nor its predecessors have met the needs which virtually all involved in this debate now see. Since 1992, the Administration has continued to offer solutions which fail to recognize the privacy needs of individual computer users and the realities of the global economy. While law enforcement and national security considerations are important factors which must be addressed, the Administration's current proposal, along with Clipper I and Clipper II, continues to put law enforcement and national security concerns above the privacy and security needs of the American public. SUMMARY OF VICE PRESIDENT GORE'S STATEMENT While putting forward an initiative ostensibly designed to make encryption more available to computer users, the Administration would do so at a high price: Individuals would be required to place their most private personal encryption keys in the hands of third parties. Today's statement is essentially a re-statement of the Clipper III proposal released in May. Among other things, the Vice President: * Called for the liberalization of export controls provided computer users participate in a "global key management infrastructure" designed to make personal encryption keys accessible to law enforcement. * Reiterated the Administration's opposition to the bipartisan encryption legislation introduced this Spring in the House and Senate, which would ease export controls. * Announced that a Cabinet Committee will send detailed recommendations regarding implementation of this proposal to the President by early September. * Indicated that the Administration "is considering" interim measures until a key escrow system is in place, including: - Liberalizing export controls for certain industries, - Developing performance standards for key recovery systems that will be eligible for export. - Launching key recovery pilot projects. - Moving jurisdiction over encryption export licenses from the State Department to the Commerce Department (The Burns/Leahy Pro-CODE bill contains a similar provision). The full text of the Vice President's Statement, along with the Clipper III proposal, the text of the Pro-CODE bill and other legislation, and detailed background information on the encryption policy debate, is available on CDT's encryption policy resource page: http://www.cdt.org/crypto/ CDT believes that a far more sensible approach to encryption is offered by the bipartisan legislation introduced this Spring to ease export controls, including: S. 1726, the Pro-Code Act introduced by Senators Burns (R-MT), Leahy (D-VT), Pressler (R-SD), Lott (R-MS), Wyden (D-OR), Simpson (R-WY), Murray (D-WA), and others; S.1567, authored by Sen. Leahy with many of the same co-sponsors; and H.R. 3011, introduced by in the House of Representatives by Reps. Bob Goodlatte (R-VA), Anna Eshoo (D-CA), Tom Campbell (R-CA) Zoe Lofgren (D-CA), and a bi-partisan group of over 20 others. NEXT STEPS CDT will continue to work with Senators Burns, Leahy, Pressler, Wyden and Reps, Eshoo, Goodlatte, and others to encourage the widespread availability of strong encryption by pushing for passage of legislation to relax export controls on encryption. The full Senate Commerce Committee, chaired by Senator Larry Pressler (R-SD), is expected to hold hearings on the Pro-CODE bill during the week of July 22. CDT is working to cybercast that hearing live on the Internet. Please continue to visit CDT's encryption policy issues page for the latest information on this issue. ------------------------------------------------------------------------ (2) 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 ----------------------------------------------------------------------- (3) 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 2.27 7/12/96 -----------------------------------------------------------------------