Reps. White and Bliley: requesting comments on crypto policy

[Declan McCullagh]

---------- Forwarded message ----------
Date: Mon, 24 Mar 1997 19:33:39 -0500
From: Declan McCullagh <declan at well.com>
To: fight-censorship-announce at vorlon.mit.edu
Subject: FC: Reps. White and Bliley: requesting comments on crypto policy

Reps. Rick White (R-Washington) and Tom Bliley (R-Virginia) have been busy
sending out letters requesting comments on encryption policy -- and asking
pointed questions. The letters have gone to:

  Lieutenant General Kenneth Minihan, Director of the National Security Agency

  Secretary William Daley, United States Department of Commerce

  Director Louis Freeh, Federal Bureau of Investigation

  Ambassador David Aaron, U.S. Special Envoy for Cryptology

  Robert Holleyman, President of the Business Software Association

  Ken Wasch, President of the Software Publishers Association

  Kathy Kincaid, Director of I/T Security Programs at IBM

Attached is the one to the NSA.

-Declan

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

March 21, 1997

Lieutenant General Kenneth A. Minihan
Director
National Security Agency/Central Security Service
9800 Savage Road
Fort George G. Meade, MD 20755-6000
 

Dear General Minihan:

The Committee on Commerce has jurisdiction over
all matters relating to interstate and foreign
commerce, including commerce transacted over
electronic mediums. One vehicle for interstate
and foreign electronic commerce, the Internet,
has experienced unexpected and exceptional
growth. Our Committee has an obligation to ensure
that the growth of electronic commerce over the
Internet and other networks is not stifled by
unnecessary or harmful regulation or policies.
Thus, the Committee will be discussing what
policies best promote electronic commerce over
the Internet and other networks.

The growth and success of the Internet and the
World Wide Web as both a communications tool, and
a medium for electronic commerce is
unprecedented. Leading industry estimates
indicate that the number of people using the
Internet is increasing at the rate of more than
100% per year -- few technologies have had such
quick acceptance into the daily activities of
Americans. However, the full potential of the
Internet as a means for conducting business
transactions, or electronic commerce, has yet to
be achieved. Most leading experts agree that a
developed Internet, and corresponding intranets,
have the capability to be engines for economic
growth for those offering services over the
Internet, and also have the capability to be a
means for transforming business operations from
one of paper-intensity to one conducted solely
through electronic communications and
transactions.

Unlocking the full potential of the Internet and
thus, promoting the use of electronic commerce
has been difficult, in part, because of existing
and perceived barriers, e.g., many consumers and
businesses are concerned with the security and
privacy of transactions that would occur over the
Internet. A belief in the security of information
passed over the Internet and through on-line
services that use the public switched network
will foster the continued growth of electronic
commerce. Fortunately, the use of cryptography or
encryption, either hardware or software, may
provide a technological aid in the promotion of
electronic commerce. We believe, however, that a
sound encryption policy for both interstate and
foreign electronic commerce must balance users=
privacy interests with society=s interest in
legitimate law enforcement and investigative
needs and the needs to preserve national
security.

As you know, the U.S. has export restrictions on
certain encryption products that may or may not
interfere with the development of encryption
products designed to secure communications and
transactions. These restrictions have been the
subject of recently proposed legislation in
committees in both the House and Senate.

Because of our responsibility over electronic
commerce, we seek to have your views on a number
of the issues related to the various bills.
Therefore, we request that you provide written
answers to the following questions by April 25,
1997: (1) With the understanding that there are
no domestic restrictions on encryption products,
please provide examples where national security
may be jeopardized by the relaxation of current
American export restriction policy, as
incorporated in Executive Order 13026 and
implemented, in part, in the corresponding Bureau
of Export Administration rules of December 30,
1996. Are there remedies other than export
restrictions that would provide the United States
government the access it needs to encrypted
communications, e.g., increased funding for new
advanced computers? (2) How significant is your
agencies= consultive role with the Department of
Commerce within the current export restrictions?
Should this role be strengthened or is it even
necessary? How much additional application
process time does your agencies= consultive role
add to the Department of Commerce=s procedures?
(3) It is commonly accepted that current
encryption export restrictions imposed by the
Administration will delay the proliferation of
advanced encryption products, but that it is
inevitable that advanced encryption products will
be developed world-wide. In your opinion, do
export restrictions prevent the development and
distribution of advanced encryption products? (4)
Are foreign import restrictions consistent with
the Administration=s policy? Please identify the
countries that have import restrictions and those
that have stated their intent not to have any
import restrictions. If the United States relaxes
its export restrictions, do you anticipate that
foreign nations will increase their import
restrictions?

In addition, we request that your staff analyze
and submit their comments on the following: (1)
the current export restrictions; (2) the
congressional bills introduced that would alter
export policy (H.R. 695, S. 376, S. 377); and (3)
any other analysis related to encryption export
policy your organization has prepared.

Please have your staff contact John Morabito or
Tricia Paoletta of the Commerce Committee staff
at (202) 225-2927 if you have any questions
regarding the above request. We thank you in
advance for your assistance. With kindest
regards, we are

Sincerely,

 

Tom Bliley

Chairman


Rick White

Member of Congress





-------------------------
Time Inc.
The Netly News Network
Washington Correspondent
http://netlynews.com/


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