Operational interest to all ISPs: Rodney Joffe Chief Technology Officer Genuity Inc., a Bechtel company http://www.genuity.net Forwarded::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: :::::::::::::::::::::: From: Alan Davidson To: crypto@spa.org Subject: [1 Crypto] Update: Oxley/Manton defeated 35-16 Date: Wednesday, September 24, 1997 9:06PM [Now available on CDT's Web site...] The House Commerce Committee has approved a modified version of SAFE this evening, rejecting the FBI-backed Oxley-Manton "Big Brother" amendment on a vote of 35-16. The export relief provisions of the original SAFE bill were passed intact. The Committee also approved an amendment offered by Reps. Markey (D-MA) and White (R-WA). The amendment create 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 amendment also would direct the National Telecommunications and Information Administration (NTIA) to conduct a study of the implications of mandatory key recovery, and increases the criminal penalties under SAFE for the use of encryption in the furtherance of a federal felony. The amendment passed 40-11. The Committee then approved SAFE, with the Markey-White amendment, on a vote of 44-6. Today's vote is an significant defeat for efforts to impose domestic controls on encryption. In the face of tremendous pressure from the FBI, the Commerce Committee chose not to require all Americans to use encryption that guarantees law enforcement "immediate access" to their private online communications. The bill now must be reconciled with versions approved by four other committees before moving to the House floor. Rules Committee Chairman Gerald Solomon (R-NY) stated today that he will not bring SAFE up for consideration unless it contained the Oxley-Manton amendment. As a result, it appears unlikely that the bill will be voted on by the House any time soon. More information, along with the text of the amendments, will be posted soon at http://www.cdt.org/crypto. [Note: The unofficial text of the Markey-White Amendment -- as it was originally intended to be introduced today before some modifications due to procedural manuevers -- is now available on CDT's web site. We hope to have the official text available tomorrow.]