[4314] in cryptography@c2.net mail archive
Re: new bill getting through congress?
daemon@ATHENA.MIT.EDU (Matt Crawford)
Thu Mar 11 17:56:28 1999
To: cryptography@c2.net
From: "Matt Crawford" <crawdad@fnal.gov>
In-reply-to: Your message of Thu, 11 Mar 1999 17:14:26 EST.
<87yal3znb1.fsf@jekyll.piermont.com>
Date: Thu, 11 Mar 1999 16:33:46 -0600
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> Anyone know anything about this?
> Thursday March 11 11:15 AM ET
> Bill To Relax U.S. Controls On Encryption Advances
> ...
Found it through http://thomas.loc.gov/.
H.R. 850 "SAFE". I append Section 3 "EXPORTS OF ENCRYPTION" below.
SPONSOR: Rep Goodlatte, Bob (introduced 02/25/99)
A bill to amend title 18, United States Code, to affirm the rights of
United States persons to use and sell encryption and to relax export
controls on encryption.
Feb 25, 99:
Referred to the Committee on the Judiciary, and in addition to
the Committee on International Relations, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction
of the committee concerned. Referred to the Committee on the
Judiciary, and in addition to the Committee on International
Relations, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
Mar 3, 99:
Referred to the Subcommittee on Courts and Intellectual Property.
Mar 4, 99:
Subcommittee Hearings Held.
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SEC. 3. EXPORTS OF ENCRYPTION.
(a) AMENDMENT TO EXPORT ADMINISTRATION ACT OF 1979- Section 17 of the
Export Administration
Act of 1979 (50 U.S.C. App. 2416) is amended by adding at the end thereof the following new subsection:
`(g) CERTAIN CONSUMER PRODUCTS, COMPUTERS, AND RELATED EQUIPMENT-
`(1) GENERAL RULE- Subject to paragraphs (2) and (3), the
Secretary shall have exclusive authority to control exports of
all computer hardware, software, computing devices, customer
premises equipment, communications network equipment, and
technology for information security (including encryption),
except that which is specifically designed or modified for
military use, including command, control, and intelligence
applications.
`(2) ITEMS NOT REQUIRING LICENSES- After a one-time, 15-day
technical review by the Secretary, no export license may be
required, except pursuant to the Trading with the enemy Act or
the International Emergency Economic Powers Act (but only to the
extent that the authority of such Act is not exercised to extend
controls imposed under this Act), for the export or reexport of--
`(A) any computer hardware or software or computing device,
including computer hardware or software or computing devices
with encryption capabilities--
`(i) that is generally available;
`(ii) that is in the public domain for which copyright
or other protection is not available under title 17,
United States Code, or that is available to the public
because it is generally accessible to the interested
public in any form; or
`(iii) that is used in a commercial, off-the-shelf,
consumer product or any component or subassembly
designed for use in such a consumer product available
within the United States or abroad which--
`(I) includes encryption capabilities which are
inaccessible to the end user; and
`(II) is not designed for military or intelligence
end use;
`(B) any computing device solely because it incorporates or
employs in any form--
`(i) computer hardware or software (including computer
hardware or software with encryption capabilities) that
is exempted from any requirement for a license under
subparagraph (A); or
`(ii) computer hardware or software that is no more
technically complex in its encryption capabilities than
computer hardware or software that is exempted from any
requirement for a license under subparagraph (A) but is
not designed for installation by the purchaser;
`(C) any computer hardware or software or computing device
solely on the basis that it incorporates or employs in any
form interface mechanisms for interaction with other
computer hardware or software or computing devices,
including computer hardware and software and computing
devices with encryption capabilities;
`(D) any computing or telecommunication device which
incorporates or employs in any form computer hardware or
software encryption capabilities which--
`(i) are not directly available to the end user; or
`(ii) limit the encryption to be point-to-point from the
user to a central communications point or link and does
not enable end-to-end user encryption;
`(E) technical assistance and technical data used for the
installation or maintenance of computer hardware or software
or computing devices with encryption capabilities covered
under this subsection; or
`(F) any encryption hardware or software or computing device
not used for confidentiality purposes, such as
authentication, integrity, electronic signatures,
nonrepudiation, or copy protection.
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