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FOR IMMEDIATE RELEASE
Thursday, September 16, 1999
4:00 p.m.
 
 
    EPIC QUESTIONS IMPACT OF NEW CLINTON CRYPTO POLICY;
       SAYS EFFECT ON AVERAGE USERS REMAINS UNCLEAR
 
WASHINGTON, DC - The Electronic Privacy Information Center
(EPIC) today questioned whether the Clinton Administration's
newly-announced encryption policy actually enhances the privacy
of most computer users.  Under the policy, the Administration
will draft new encryption export regulations that will "strike a
balance" between the needs of industry and law enforcement.  It
remains unclear whether the new rules -- due later this year --
will result in a meaningful liberalization of the export
process.
 
Coupled with the vague export revisions is new legislation that
will provide a legal framework for law enforcement access to
decryption keys; provide funding for an FBI Technical Support
Center; and protect the confidentiality of decryption techniques
developed cooperatively by government and industry.  Under the
latter provision, law enforcement agents would be exempted from
routine requirements of criminal procedure that permit a
defendant to explore the means by which evidence was obtained.
The legislative vehicle for these initiatives -- the Cyberspace
Electronic Security Act -- was unveiled today and will soon be
transmitted to Congress.
 
According to David Sobel, EPIC's General Counsel, more details
of new policy must be released before its impact on user privacy
can be assessed.  "It appears that the FBI and large computer
companies have reached an agreement on encryption, but that is
not necessarily in the interest of the average computer user."
He added that cooperation between industry and law enforcement
could result in encryption products that provide "less security
than advertised, with hidden vulnerabilities the government can
exploit."
 
EPIC will closely monitor the process of implementing the
newly-announced policy, particularly the promulgation of the
revised export control regulations and the development of
special sensitive techniques to be used to extract plaintext
from encryption products and services.
 
The text of the Cyberspace Electronic Security Act, and other
documents released by the White House today, are available at:
 
     http://www.epic.org/crypto/legislation/cesa/
 
 


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