| The Honorable Newt Gingrich Speaker U.S. House of Representatives Washington, D.C. 20515Dear Mr. Speaker: | |
| As members of Americans for Computer Privacy, we write today to share with you our views on the Administration’s recent encryption policy announcement, and to urge you to build on these reforms with legislation in the next Congress.While we still have far to go, the Administration’s September 16 policy move away from its total reliance on the flawed, mandatory “key recovery” concept and toward a less drastic export control regime validates our assertion that strong encryption is essential for promoting public safety, national security, law enforcement and the vibrant growth of global electronic commerce. It was a good first step. Among the favorable elements of the Administration’s announcement:
This first step, however, is just that. We continue to have much to cover so the citizens and businesses of this country can have true confidence in their security, privacy, safety, and economic competitiveness.First, because mass-market software and hardware products are inherently uncontrollable, the U.S. Government should abandon its futile efforts to control these products. Exporters of robust encryption products with key lengths over 56-bits to many end users must still apply for export licenses and wait out the weeks-long, unpredictable decision process before shipping. This allows foreign competitors to step in and gain control of the market. Second, ACP proposed to the Administration that the U.S. allow sales of robust encryption to “legitimate and responsible organizations.” Insurance, health and medical, and on-line merchants are a start, but there is a vast array of users who need strong encryption, such as energy suppliers, telecommunications providers, human rights organizations, and transportation services, among many others. U.S. companies should be permitted to sell to these valuable markets and maintain U.S. encryption leadership abroad. Third, telecommunications and Internet service providers should not be excluded from favorable treatment for sales of “recoverable” products to favored countries. We proposed that recoverable products be exportable to all commercial end-users. These tools would enhance law enforcement and national security officials’ ability to do their job. We believe that finishing the job would provide significant national security, communications privacy, public safety and market growth benefits, as well as opportunities for legitimate law enforcement access. The Administration has said it will review this policy in one year. While we intend to work with them to make that happen, we believe the Congress can also help add impetus to that review with a renewed commitment to drafting legislation next year that shows the way toward fundamental reform. We thank you for your commitment and look forward to working with you in the next Congress. Sincerely, | |
| 60 Plus Association Adobe Altopia Corporation America Online American Conservative Union American Electronics Association American Financial Services Association American Petroleum Institute American Privacy Protection Association American Small Business Alliance Americans for Tax Reform AXENT Technologies, Inc. BEA Systems, Inc. Bowles Farming Company, Inc. Business Software Alliance Cellular Telecommunications Industry Association Center for Democracy and Technology Central Predicting Corporation Cisco Systems Citizens for a Sound Economy Commercial Internet eXchange Association Compaq Computer and Communications Industry Association Computing Technology Industry Association Consensus Development Consumer Electronics Manufacturers Association Countrywide Home Loans deregulation.net EDS Electronic Industries Association FTD Florist Association Geoworks Corporation | Goodyear Tire & Rubber Co. Information Technology Association of America Institute of Electrical & Electronic Engineers-USA Intel Corporation Intellectual Protocols, LLC Law Enforcement Alliance of America Lotus Development Corporation Microsoft MK Technology National Association of Manufacturers National Retail Federation National Rifle Association National Venture Capital Association Netscape Communications Corp. Network Associates, Inc. Nokia, Inc. Novell Oracle Raptor Systems, Inc. RedCreek Communications, Inc. RSA Data Security SAS Institute Inc. Silicon Valley Software Industry Coalition SISCO, Inc. Small Business Survival Committee Software Publishers Association Soundcode, Inc. Sun Microsystems Sybase Symantec United States Chamber of Commerce United States Telephone Association WatchGuard Technologies, Inc. |
| Identical Letter Sent to: | |
