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Keith Farrar: BoS: California Legislature Unanimously Passes Resolution on Encryption

daemon@ATHENA.MIT.EDU (Perry E. Metzger)
Wed Sep 10 11:08:12 1997

To: cryptography@c2.net
Date: Wed, 10 Sep 1997 11:07:11 -0400
From: "Perry E. Metzger" <perry@piermont.com>


------- Forwarded Message

From: Keith Farrar <farrar@parc.xerox.com>
Date: Tue, 9 Sep 1997 13:07:25 PDT
To: best-of-security@cyber.com.au
Subject: BoS: California Legislature Unanimously Passes Resolution on Encryption

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Date: Mon, 8 Sep 1997 13:19:22 PDT
To: member-sponsored@lists.Commerce.Net
From: Kaye Caldwell <KCaldwell@commerce.net>
Subject: California Legislature Unanimously Passes Resolution on
  Encryption   =20
Approved: darrenr@cyber.com.au
X-Originally-To: To: best-of-security@cyber.com.au
X-Originated-From: From: Keith Farrar <farrar@parc.xerox.com>

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This message was addressed to:  member-sponsored@lists.commerce.net
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Responding to CommerceNet's letter urging support for SJR 29, on Friday the
California legislature UNANIMOUSLY passed the Senate Joint Resolution urging Congress to support the SAFE bill and revise U.S. encryption policies.  The Resolution sets forth the Legislature's vigorous disagreement with the Administration's crypto export policy in frank language and in detail.

Only two days after California=92s U.S. Senator Dianne Feinstein spoke out in
Congress in support of mandatory key escrow, the California Legislature
unanimously passed SJR 29 supporting the SAFE bill - which prohibits
mandatory key escrow.

In a hearing before the Senate Judiciary Committee's Technology, Terrorism,
and Government Information Subcommittee, Senator Feinstein spoke out in favor of requiring manufacturers of encryption products to allow the government to decode any message by turning over to them the software keys to decrypt the messges.

Senator Feinstein's position aligns her with FBI director Louis Freeh - whose position goes beyond the Clinton administration's policy, according to Commerce Department Undersecretary William Reinsch.  The Clinton Administration has repeatedly stated that it will not support domestic encryption controls.

CommerceNet regularly encourages the state of California, which is influential due to both its size and its reputation as a center for technology development, to take a leadership role on electronic commerce issues such as encryption.

In a letter urging the California legislature to support Senate Joint resolution 29, CommerceNet stated: 

"Traditionally, California companies have led the world in the development
and deployment of new technologies.  Internet and electronic commerce technologies are no exception.  Indeed those technologies have been a driving factor in California=92s recovery from the recent recession. However, that leadership position is now threatened by archaic federal policies that restrict the export of products used to secure communications and commerce on the Internet. While foreign-made strong security products are available overseas, the U.S. government continues to prohibit the export of strong security  products from the U.S. This means that rather than exporting products, U.S. companies must instead import products to ensure compatibility with international electronic commerce communications standards. Those same policies require foreign companies to purchase foreign products rather than U.S.  products. Again, hard as it seems to comprehend, to engage in international electronic commerce, a marketplace that is expanding beyond all expectations, federal polic!
!
!
ies require us to purchase forei
gn made products rather than U.S. made products." 

The California Senate Joint Resolution, introduced by Silicon Valley state
Senator John Vasconcellos with principal co-author Silicon Valley Assemblyman Jim Cunneen, was additionally supported by Silicon Valley co-authors Senators Sher and McPherson, and Assemblypersons Alquist, Figueroa, Keeley, and Lempert.  Additional co-authors included technology savvy Assemblywoman Bowen and several other influential State legislators. 

While the California Resolution is non-binding on California's Congressional delegation, the California legislature=92s unanimous passage of the resolution has sent a very strong message of support for decontrolling the export of encryption products.

Congressional hearings and mark-ups are taking place on the various encryption bills and proposals during the second week of September. 

Kaye Caldwell,  Policy Director
CommerceNet
http://www.Commerce.net
E-mail: KCaldwell@Commerce.net
Phone: (408) 479-8743    Fax: (408) 479-9247

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