[overview and site map] |
LOOKING AHEAD |
SAFE Act |
On March 11, 1999, a House Judiciary subcommittee approved the Safety and Freedom through Encryption (SAFE) Act of 1999. The SAFE Act was introduced in 1997 by Representative Bob Goodlatte, and it relaxes U.S. export controls on encryption but also creates a new federal crime for the use of encryption to conceal criminal conduct. The SAFE Bill makes legal the use of encryption software, regardless of the algorithm or strength, by any U.S. person at any location. The SAFE Bill also makes legal the sale of any encryption software in interstate commerce. The Bill prohibits requiring manufacturers to give the government a back door. It makes using encryption in a crime a criminal offense with the possibility of five to ten years in jail. However, the bill also states that the "use of encryption by any person shall not be the sole basis for establishing probable cause with respect to a criminal offense or a search warrant." The bill authorizes the export of generally available and public domain products that contain encryption. It also authorizes the export of commercial, consumer products that are not designed for military use. If the SAFE Act passes the Senate, then companies will have an easier time exporting products with strong encryption. While the bill does not provide a technical means to intercept and decrypt communication with these products, the bill makes the penalties quite severe to use cryptography in crimes. Since the "backdoor" would have been used mostly by law enforcement in the U.S., the SAFE Act would hopefully deter U.S. criminals from using encryption products in their crimes. |
[overview and site map] |