LATEST US ACT-Bits anyhow

[Donald Ramsbottom]

here are some tit-bits from the latest in Encryption acts before congress,
this is from HR2616- Encryption for the National Interst Act go to

http://jya.com/crypto.htm- + Encryption for the National Interest Act
August 2, 1999 for the full text.

SEC. 2. STATEMENT OF POLICY.

    It is the policy of the United States to protect public computer
networks through the use of strong encryption technology, to promote
the export of encryption products developed and manufactured in the
United States, and to preserve public safety and national security.



(2) The goal of any encryption legislation should be to
        enhance and promote the global market strength of United States
        encryption manufacturers, while guaranteeing that national
        security and public safety obligations of the Government can
        still be accomplished.
            (3) It is essential to the national security interests of
        the United States that United States encryption products
        dominate the global market.
            (4) Widespread use of unregulated encryption products poses
        a significant threat to the national security interests of the
        United States.


(5) Data network service provider.--The term ``data network
        service provider'' means a person offering any service to the
        general public that provides the users thereof with the ability
        to transmit or receive data, including communications.
            (6) Decryption.--The term ``decryption'' means the
        retransformation or unscrambling of encrypted data, including
        communications, to its readable plaintext version. To
        ``decrypt'' data, including communications, is to perform
        decryption.
            (7) Decryption information.--The term ``decryption
        information'' means information or technology that enables one
        to readily retransform or unscramble encrypted data from its
        unreadable and incomprehensible format to its readable
        plaintext version.
            (8) Electronic storage.--The term ``electronic storage''
        has the meaning given that term in section 2510(17) of title
        18, United States Code.
            (9) Encryption.--The term ``encryption'' means the
        transformation or scrambling of data, including communications,
        from plaintext to an unreadable or incomprehensible format,
        regardless of the technique utilized for such transformation or
        scrambling and irrespective of the medium in which such data,
        including communications, occur or can be found, for the
        purposes of protecting the content of such data, including
        communications. To ``encrypt'' data, including communications,
        is to perform encryption.


(15) Plaintext.--The term ``plaintext'' means the readable
        or comprehensible format of that data, including
        communications, which has been encrypted.


``(c) Probable Cause Not Constituted by Use of Encryption.--The use
of encryption by itself shall not establish probable cause to believe
that a crime is being or has been committed.
``Sec. 2802. Privacy protection


Sec. 2802. Privacy protection
    ``(a) In General.--It shall be unlawful for any person to
intentionally--
            ``(1) obtain or use decryption information without lawful
        authority for the purpose of decrypting data, including
        communications;
            ``(2) exceed lawful authority in decrypting data, including
        communications;
            ``(3) break the encryption code of another person without
        lawful authority for the purpose of violating the privacy or
        security of that person or depriving that person of any
        property rights;
            ``(4) impersonate another person for the purpose of
        obtaining decryption information of that person without lawful
        authority;
            ``(5) facilitate or assist in the encryption of data,
        including communications, knowing that such data, including
        communications, are to be used in furtherance of a crime; or
            ``(6) disclose decryption information in violation of a
        provision of this chapter.


SEC. 305. ENCRYPTION LICENSES REQUIRED.

    (a) United States Products Exceeding Certain Bit Length.--Except as
permitted under section 303, in the case of all encryption products
with an encryption strength exceeding the maximum level eligible for a
license exception under section 302, which are designed or manufactured
within the United States, the President may grant a license for export
of such encryption products, under the following conditions:
            (1) There shall not be any requirement, as a basis for an
        export license, that a product contains a method of--
                    (A) gaining timely access to plaintext; or
                    (B) gaining timely access to decryption
                information.
            (2) The export license applicant shall submit--
                    (A) the product for technical review;
                    (B) a certification, under oath, identifying--
                            (i) the intended end use of the product;
                        and
                            (ii) the expected end user or class of end
                        users of the product;
                    (C) proof that its distribution chain partners have
                contractually agreed to abide by all laws and
                regulations of the United States concerning the export
                and reexport of encryption products designed or
                manufactured within the United States; and
                    (D) the names and addresses of its distribution
                chain partners.




Just how many more b ills can they put before congress on this subject?
There is lots more , but the above points are some which have come up on
this list recently regarding our own bill.




Donald Ramsbottom LL.B, BA (Hons).

RAMSBOTTOM & Co. Solicitors

Internet Law & Global Cryptology Law Specialists