[Congressional Record Volume 143, Number 147 (Tuesday, October 28, 1997)]
[Extensions of Remarks]
[Page E2108]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   ENCRYPTION POLICY--AMERICA'S POLICE OPPOSE THE SAFE ACT (H.R. 695)

                                 ______
                                 

                        HON. GERALD B.H. SOLOMON

                              of new york

                    in the house of representatives

                       Tuesday, October 28, 1997

  Mr. SOLOMON. Mr. Speaker, if you want a perfect example of how the 
election process can be corrupted by using large amounts of money to 
enact policy which is detrimental to the interests of the American 
people, you need only look at H.R. 695, the SAFE Act.
  The SAFE Act was drafted by and for the software industry with no 
consideration to the national security and public safety needs of the 
American people. I believe a compromise should be reached between 
industry's desires and the legitimate law enforcement concerns of the 
American people. However, Bill Gates, who is worth over $40 billion, is 
asking Congress to ignore the safety of the American people so he will 
make more money.
  Today, police may conduct a search of property or intercept 
communications only after they prove to a judge that they have probable 
cause to believe that a crime may occur. We possess the capability to 
safeguard the status quo in criminal justice by using an encryption 
process called key recovery. Yet, the sponsors of H.R. 695 are 
unwilling to accept this compromise. In other words, H.R. 695 
eliminates one of our most important law enforcement mechanisms. This 
is the reason virtually every police and law enforcement organization 
in the country opposes H.R. 695. The Drug Enforcement Agency, the FBI, 
the National Security Agency, the National Sheriffs' Association, the 
District Attorneys Associations and the Association of Chiefs of Police 
oppose the SAFE Act.
  Justice Department officials testifying before the House Judiciary 
Committee stated that the SAFE Act, ``would severely compromise law 
enforcement's ability to protect the American people from the threats 
posed by terrorists, organized crime, child pornographers, and other 
criminals. It is difficult enough to protect the American people from 
crime without making criminals' tasks any easier.
  In a letter you received from our top law enforcement officials, they 
state that encryption bills which do not contain key recovery, such as 
the SAFE Act ``risk great harm to our ability to enforce the laws and 
protect our citizens.'' They believe key recovery is essential ``to 
allow police departments, attorney generals, district attorneys, 
sheriffs, and Federal authorities to continue to use their most 
effective investigative techniques, with court approval, to fight crime 
and espionage and prevent terrorism.

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