Encryption transforms original information, called plaintext or cleartext, into trandformed information, called ciphertext, codetext or simply cipher, which usually has the appearance of random, unintelligible data. The transformed information, in its encrypted form, is called the cryptogram.Encryption is basically an indication of users' distrust of the security of the system, the owner or operator of the system, or law enforcement authorities.
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- The Security and Freedom through Encryption (SAFE) Act
After two stunning defeats earlier in September at the hands of the National Security and Intelligence Committees, industry and the public interest groups banded together and won an important victory in the House Commerce Committee. The enormous lobbying effort included public statements by groups like the American Association for the Advancement of Science, the Institute for Electronics and Electrical Engineering, the American Mathematical Society, and the American Association of University Professors. Law professors from most of the major universities also signed a letter casting doubt on the constitutionality of proposals for domestic use restrictions. As a result, the Oxley-Manton Amendment to H.R. 695, which would have gutted the provisions of the SAFE Act liberalizing the export controls on cryptography, was defeated by a vote of 16 for to 35 against. Adopted instead were the Markey-White Amendment and the Tauzin Amendment. Now, it is up to the Rules Committee to decide whether, and how, the various bills and amendments on encryption will go to the House floor for a vote. According Mr. Oxley, his amendment represents "a Fourth Amendment for the information age". Mr. Oxley believes that court ordered surveillance is an important tool for law enforcement. To ensure that law enforcement has that tool, this amendment mandates key recovery by the year 2000. However, he notes that this does not apply to services (carriers) and the amendment does not mandate that a third party hold keys in escrow &endash; self escrow would be permitted.
- The amendment ensures that all Americans use escrow, by prohibiting the domestic manufacture, sale and importation of any encryption product unless the government is given immediate access to the plaintext of communications and stored files without the knowledge of the user.
- It further requires that any encryption product manufactured or sold in interstate commerce, or imported into the United States, shall include features that permit immediate access (pursuant to appropriate judicial process) to the plaintext of communications or electronic information encrypted by such product without the knowledge or cooperation of the person using such product.
- Among other troubling provisions, the Oxley-Manton amendment does not define the "appropriate judicial process" by which law enforcement would obtain access to plaintext, nor does it provide a standard to be used in the judicial process. Opponents exploited this weakness in opposition to the Oxley-Manton amendment, and the final vote was not even close.
- Markey-White: Victory for American Industry & Civil Liberty Second on the agenda was the Markey-White Amendment. This amendment was co-sponsored by Boucher (D-VA), Largent (R-OK), Eshoo(D-CA), and Bilray (R-CA). The purpose of the amendment was to give
- law enforcement the tools need they need and to ensure that the American people have the access to unregulated domestic encryption. Under the Markey-White Amendment, domestic encryption cannot be regulated by the Federal government or by the States.
- The Markey-White Amendment creates a National Electronic Technologies Center (NET Center) which would assist law enforcement in research and would provide assistance to federal, state, and local law enforcement agencies in coping with encryption encountered in the course of investigations.
- The purpose of the NET center is to give law enforcement the tools they need to keep pace with the changing environment in which they operate.
- The amendment also would direct the National Telecommunications and Information Administration (NTIA) to conduct a study of the implications of mandatory key recovery, such as the cost associated with mandatory key recovery. The amendment also gets tough on criminals who use encryption to commit or hid their crimes by doubling the fines and penalties for the use of encryption in the furtherance of a federal felony.
- The amendment passed 40-11. As you can see, several Representatives who voted for Oxley-Manton also voted for Markey-White.
- The Tauzin Amendment: The Tauzin Amendment was introduced as an amendment to the base bill to be incorporated into either the Markey-White or Oxley-Manton Amendment, whichever amendment was chosen.
- The Tauzin Amendment establishes a 5-member commission to report in 180 days on a balance between the interests of the business community and law enforcement.
- The commission would be made up of 3 members from the businesscommunity (one appointed by the President, one appointed by the Majority Leader of the Senate, and onechosen by the Speaker of the House) as well as 2 members from the government (one from the DOD/NSA and one from the Department of Justice appointed by the Attorney General).
- Government Admits Key Recovery Encryption is Costly and Inefficient: In internal government documents obtained by the Electronic Privacy Information Center (EPIC), a top US official acknowledged that US police forces are "reluctant" to use escrowed encryption products (encryption systems with built in 'back doors' to facilitate third-party access) because "they are more costly and less efficient than non-escrowed products." This statement stands in sharp contrast to the Administration's own policy, which seeks to force US companies to build the same "key escrow" and "key recovery" technologies in encryption products sold on the domestic and foreign markets. If key recovery is not good enough for US police forces, why should it be good for you?