[Congressional Record Volume 142, Number 28 (Tuesday, March 5, 1996)]
[Extensions of Remarks]
[Pages E276-E277]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 INTRODUCTION OF SAFE: THE SECURITY AND FREEDOM THROUGH ENCRYPTION ACT

                                 ______


                           HON. BOB GOODLATTE

                              of virginia

                    in the house of representatives

                         Tuesday, March 5, 1996

  Mr. GOODLATTE. Mr. Speaker, today, I am pleased to introduce the 
Security and Freedom Through Encryption Act. The SAFE Act. Twenty-seven 
of my colleagues in the House join me as cosponsors of this important 
legislation. We joint Senators Leahy and Burns in this bipartisan 
initiative which is intended to send the administration two loud and 
clear messages:
  Our antiquated export restrictions are out of step with today's 
technology and must be brought into the information age; and
  And American citizens and businesses will not tolerate big brother 
holding the keys to their private and proprietary information.
  American consumers are demanding information security and are getting 
it. Without security features, the innovative content, electronic 
commerce, and enhanced communications capabilities necessary to make 
the development of the GII--global information infrastructure--a 
success simply will not occur. Current law allows Americans to utilize 
any level of encryption that innovative minds can develop, but the 
administration wants to change that. They want to use export controls 
as a back door approach to controlling the use of encryption here at 
home.
  The administration has proposed allowing the export of products with 
strong security features but only if key escrow is built in. If this 
does not work, administration officials have said they will seek 
legislation forcing Americans to use only encryption to which the 
Government has access. We are here to tell the administration not to 
bother. We reject that solution as a big Government answer to a Big 
Government problem. It completely ignores consumer privacy and 
security.
  While we recognize the concerns of law enforcement officials who want 
to preserve surveillance capabilities, the technology genie is clearly 
out of the bottle. The administrations' ``64-bit key escrow'' policy 
ignores the realities of today's marketplace and the technology which 
abounds. Criminals and terrorists are not always stupid, they are going 
to use the highest security to communicate and conspire that is 
technologically available. Terrorists will not buy American just 
because of it's PC.
  There are currently over 500 foreign products and programs with 
strong encryption capabilities available in the world marketplace. 
These are products that U.S. companies can not even export. Some of 
them are here on display. These products are being produced and sold by 
foreign companies and can be downloaded on the Internet and used 
anywhere in the world.
  An economic study released in December by the Department of Commerce 
demonstrates that failure to address these export controls by the year 
2000--4 years from now--will cost the U.S. economy $60 billion and 
200,000 jobs. The administration's proposed policy would be yet another 
blow to the U.S. computer industry. It is time we gave our companies 
the ability to compete rather that giving foreign competitors the 
advantage.
  Therefore, our bill will do four things:
  Continue to ensure that all Americans have the right to choose any 
security system to protect their confidential information.
  Prohibit big brother from mandating a back door into people's 
computer systems.
  Make it unlawful to use encryption in the commission of a crime or to 
willfully coverup a crime.
  Allow the U.S. computer industry to export generally available 
software and hardware if a product with comparable security is 
commercially available from foreign suppliers.
  U.S. software companies, world leaders in cutting edge technology, 
must have the freedom to develop products with strong security features 
which meet computer user demands and privacy concerns in the United 
States and abroad. Mr. Speaker, this is a bipartisan effort that I urge 
of all my colleagues to join and support.

[[Page E277]]

  The original cosponsors are Representatives DeLay, Boehner, Moorhead, 
Schroeder, Gejdenson, Manzullo, Coble, Barr, Bono, Lofgren, Campbell, 
Eshoo, Doolittle, Farr, McKeon, Engle, Waldholtz, Ewing, Mica, 
Chambliss, Everett, Ehlers, Orton, Matsui, Boucher, Chabot, and 
Moakley.
  Mr. Speaker, I would like the text of my legislation reprinted in the 
Record.

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