en60399 encryption fbi

en60399 encryption fbi - Encryption: Impact on Law...

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Encryption: Impact on Law Enforcement June 3, 1999 Laboratory Division Engineering Research Facility Quantico, Virginia For Policy Information: For Technical Information: Digital Telephony & Encryption Policy Unit Office of Public & Congressional Affairs Electronic Surveillance Technology Section 935 Pennsylvania Avenue, N.W. Engineering Research Facility Washington, D.C. 20535 Quantico, VA 22135 (202) 324-5355 (703) 632-6200
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1 EXECUTIVE SUMMARY Encryption is extremely beneficial when used legitimately to protect commercially sensitive information and communications. The law enforcement community, both domestically and abroad, is extremely concerned about the serious threat posed by the proliferation and use of robust encryption products that do not allow for the immediate, lawful access to the plaintext of encrypted, criminally-related communications and electronically stored data in accordance with strict legal requirements and procedures. The potential use of such commercially-available encryption products by a vast array of criminals and terrorists to conceal their criminal communications and information poses an extremely serious threat to public safety and national security. Law enforcement fully supports a balanced encryption policy that satisfies both the commercial needs of industry for robust encryption while at the same time satisfying law enforcement's public safety and national security needs. Robust, commercially- available encryption products, which include some type of recoverable capability that allows for immediate, lawful access to plaintext is clearly the best method to achieve the goals of both industry and law enforcement. Since April of 1993, the Clinton Administration has expressed support for the adoption of a balanced encryption policy. In lieu of legislation, the Clinton Administration continues to favor a voluntary approach to address law enforcement’s public safety concerns regarding encryption for domestic use. The Administration has been attempting to work with industry, through "good faith dialogue," and by allowing "market forces," influence and inducements (mainly changes to existing export regulations) to bring about the development, sale and use of recoverable encryption products within the U.S. During the 105th Congress, several encryption-related bills were introduced; however, none were enacted. The main focus of these bills was the relaxation of existing export controls on encryption, regardless of the impact on national security and foreign policy. During the 106th Congress, three encryption-related bills have been introduced. Like last Congress’ encryption related bills, the main focus of these bills is to either relax existing export controls on encryption products and/or prevent the government (federal or state) from imposing domestic requirements on encryption products to ensure that such domestic encryption products include some type of plaintext access for law
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en60399 encryption fbi - Encryption: Impact on Law...

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