[Congressional Record Volume 140, Number 75 (Wednesday, June 15, 1994)]
[Extensions of Remarks]
[Page E]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: June 15, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
 ENCRYPTION POLICY ENDANGERS U.S. COMPETITIVENESS IN GLOBAL MARKETPLACE

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                            HON. JACK BROOKS

                                of texas

                    in the house of representatives

                        Wednesday, June 15, 1994

  Mr. BROOKS. Mr. Speaker, for some time now, a debate has been raging 
in the media and in the Halls of Congress over the administration's 
intention to require U.S. corporations to use and market the clipper 
chip, an encryption device developed in secret by the National Security 
Agency.
  The clipper chip will provide industry and others with the ability to 
encode telephone and computer communications. The use of the clipper 
chip as the U.S. encryption standard is a concept promoted by both the 
intelligence and law enforcement communities because it is designed 
with a back door to make it relatively easy for these agencies to 
listen in on these communications.
  The law enforcement and intelligence communities have a legitimate 
concern that advances in technology will make their jobs more 
difficult. But the issue here is whether attempts to restrict the 
development, use, and export of encryption amounts to closing the barn 
door after the horse has already escaped.
  The notion that we can limit encryption is just plain fanciful. 
Encryption technology is available worldwide--and will become more 
available as time goes on.
  First, generally available software with encryption capabilities is 
sold within the U.S. at thousands of retail outlets, my mail, even over 
the phone. These programs may be transferred abroad in minutes by 
anyone using a public telephone line and a computer modem.
  Second, it is estimated that over 200 products from some 22 
countries--including Great Britain, France, Germany, Russia, Japan, 
India, and South Africa--use some form of the encryption that the 
Government currently prohibits U.S. companies from exporting. And this 
is just the beginning. According to the May 16, 1994, issue of Fortune, 
not only are U.S. companies willing to purchase foreign encryption 
devices, American producers of encrypted software are also moving 
production overseas to escape the current U.S. export controls.
  Third, encryption techniques and technology are well understood 
throughout the world, encryption is routinely taught in computer 
science programs. Text books explain the underlying encryption 
technology. International organizations have published protocols for 
implementing high-level encryption. Actual implementations of 
encryption--programs ready to use by even computer novices--are on the 
Internet.
  The only result of continued U.S. export controls is to threaten the 
continued preeminence of America's computer software and hardware 
companies in world markets. These restrictive policies jeopardize the 
health of American companies, and the jobs and revenues they generate.
  I support, therefore, the immediate revision of current export 
controls over encryption devices to comport with the reality of 
worldwide encryption availability.
  I believe law enforcement and the intelligence community would be 
better served by finding real, and targeted ways to deal with 
international terrorists and criminals rather than promoting 
scattershot policies, which restrict American industries' ability to 
design, produce, and market technology.
  Now--more than ever--we cannot afford to harm our economic 
competitiveness and justify it in the name of national security.

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