Forwarded From: Dan Moniz <dnmat_private> # http://www.wired.com/news/print_version/politics/story/18132.html?wnpg=all Crypto Bill Back from Grave by James Glave 12:10 p.m. 25.Feb.99.PST Legislation that would relax export restrictions on data-scrambling technologies and seek to guarantee citizens the right to use strong encryption wasreintroduced to Congress Thursday. Representatives Bob Goodlatte (R-Virginia) and Zoe Lofgren (D-California) resurrected their Security and Freedom Through Encryption Act, or SAFE, with the bipartisan support of 205 House members. "My bill will give law-abiding citizens access to a major way to prevent credit-card fraud, and prevent a hacker or a terrorist from doing something to anuclear plant or the New York Stock Exchange," said Goodlatte. "The risks to our society of not using strong crypto are very grave." It's the third time around for H.R. 695, which was shot down previously by aggressive backstage lobbying from law enforcement agencies, including the FBI. "Technology is leaving [FBI director Louis Freeh] behind," said Goodlatte. "He either has to change his approach or the FBI is going to be in a difficult situation. Whether this bill passes or not, people who are going to break the law are going to get a hold of strong encryption." The FBI and other law-enforcement agencies want the current crypto controls -- which limit the strength of crypto to a crackable 56 bits -- to remain the standard. They fear the software will hamper their ability to eavesdrop on terrorists and terrorist states. But that's short sighted, said Lofgren, who represents many Silicon Valley software companies that want the shackles lifted. "We thought in the Valley about taking up a collection so that we could send someone to the FBI to educate them," said Lofgren. "They need to understand the digital world -- if you can download it from the Internet today, it is too late." In Senate testimony earlier this month, Freeh stuck to his guns. "Law enforcement remains in unanimous agreement that the continued widespread availability and increasing use of strong, non-recoverable encryption products will ... devastate our capabilities for fighting crime, preventing acts of terrorism, and protecting the national security," he told senators. The bill may have a better chance than its predecessors. One of the bill's biggest critics in the past, New York Republican Gerald Solomon, has retired. His replacement as chairman of the House Rules Committee, David Dreier (R-California), co-signed the latest draft. The bill is supported by the Americans for Computer Privacy, a computer industry lobbying group, which says the export rules create an unfair playing field vis-a-vis overseas competitors. Though industry was clearly on board with SAFE, the Electronic Frontier Foundation, a privacy watchdog group, was unhappy about the bill. "Goodlatte and gang didn't do this in a way that would benefit the individual and left it in a way that would create some serious privacy concerns," said EFF attorney Shari Steele. Steele said that SAFE is geared toward mass-market software, but does not protect individuals who write their own encryption software. She also said that the bill does not allow for judicial reviews. Finally, she said that the bill creates a new crime -- that of using crypto to commit a crime -- a stipulation she interprets as the authors throwing a bone to law enforcement. -o- Subscribe: mail majordomoat_private with "subscribe isn". Today's ISN Sponsor: Internet Security Institute [www.isi-sec.com]
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