Date: Sat, 6 Sep 97 12:11:55 -0400 From: Barry Lustig <barry@Lustig.COM> To: hackers@freebsd.org Subject: Key escrow Message-ID: <199709061611.MAA19394@Lustig.COM>
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Looks like it's back... Begin forwarded message: Declan McCullagh wrote: >=20 > ---------- Forwarded message ---------- > Date: Fri, 5 Sep 1997 19:34:51 -0700 (PDT) > From: Declan McCullagh <<declan@well.com> > To: cypherpunks@toad.com > Subject: Mandatory key escrow bill text, backed by FBI >=20 > All encryption products distributed in or imported into the U.S. after > January 1, 1999 must have a key escrow backdoor for the government, > according to an FBI-backed proposal circulating on Capitol Hill. The > measure would impose a similar requirement on "public network service > providers" that offer data-scrambling services. FBI Director Louis Freeh > talked about this proposal, without disclosing legislation existed, at a > Senate subcommittee haring on Wednesday. >=20 > Domestic use and sale of encryption has never been regulated. >=20 > Attached is an excerpt from the draft "Secure Public Networks Act" dated > August 28. >=20 > -Declan >=20 > ------- >=20 > SEC. 105. PUBLIC ENCRYPTION PRODUCTS AND SERVICES >=20 > (a) As of January 1, 1999, public network service > providers offering encryption products or encryption > services shall ensure that such products or services > enable the immediate decryption of communications or > electronic information encrypted by such products or > services on the public network, upon receipt of a court > order, warrant, or certification, pursuant to section > 106, without the knowledge or cooperation of the person > using such encryption products or services. >=20 > (b) As of January 1, 1999, it shall be unlawful for any > person to manufacture for sale or distribution within > the U.S., distribute within the U.S., sell within the > U.S., or import into the U.S., any product that can be > used to encrypt communications or electronic > information, unless that product: >=20 > (1) includes features, such as key recovery, trusted > third party compatibility or other means, that >=20 > (A) permit immediate decryption upon receipt of > decryption information by an authorized party without > the knowledge or cooperation of the person using such > encryption product; and >=20 > (B) is either enabled at the time of manufacture, > distribution, sale, or import, or may be enabled by the > purchase or end user; or >=20 > (2) can be used only on systems or networks that include > features, such as key recovery, trusted third party > compatibility or other means, that permit immediate > decryption by an authorized party without the knowledge > or cooperation of the person using such encryption > product. >=20 > (c) (1) Within 180 days of the enactment of this Act, > the Attorney General shall publish in the Federal > Register functional criteria for complying with the > decryption requirements set forth in this section. >=20 > (2) Within 180 days of the enactment of this Act, the > Attorney General shall promulgate procedures by which > data network service providers sand encryption product > manufacturers, sellers, re-sellers, distributors, and > importers may obtain advisory opinions as to whether a > decryption method will meet the requirements of this > section. >=20 > (3) Nothing in this Act or any other law shall be > construed as requiring the implementation of any > particular decryption method in order to satisfy the > requirements of paragrpahs (a) or (b) of this section. >=20 > ------- >=20 > MSNBC's Brock Meeks on above FBI proposal & White House support: > `http://www.msnbc.com/news/108020.asp >=20 > My report on the September 3 "mandatory key escrow" Senate hearing: > `http://jya.com/declan6.htm >=20 > Transcript of FBI director Louis Freeh's remarks at Sep 3 hearing: > `http://jya.com/fbi-gak.txt >=20 > Reuters' Aaron Pressman on Commerce Dept backing away from FBI: > `http://www.pathfinder.com/net/latest/RB/1997Sep05/248.html >=20 > -------
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