| Home > 106th Congressional Bills > H.R. 851 (ih) To require the Federal Communications Commission to establish improved predictive models for determining the availability of television broadcast signals. [Introduced in House] ...
H.R. 851 (ih) To require the Federal Communications Commission to establish improved predictive models for determining the availability of television broadcast signals. [Introduced in House] ...
products or services. The Secretary shall submit a report to the Congress regarding the results of such inquiry by such date. (b) Removal of Impediments to Trade.--Within 1 year after such date of enactment, the Secretary shall prescribe such regulations as may be necessary to reduce the impediments to trade in encryption products and services identified in the inquiry pursuant to subsection (a) for the purpose of facilitating the development of interstate and foreign commerce. Such regulations shall be designed to-- (1) promote the sale and distribution, including through electronic commerce, in foreign commerce of encryption products and services manufactured in the United States; and (2) strengthen the competitiveness of domestic providers of encryption products and services in foreign commerce, including electronic commerce. (c) International Agreements.-- (1) Report to president.--Upon the completion of the inquiry under subsection (a), the Secretary shall submit a report to the President regarding reducing any impediments to trade in encryption products and services that are identified by the inquiry and could, in the determination of the Secretary, require international negotiations for such reduction. (2) Negotiations.--The President shall take all actions necessary to conduct negotiations with other countries for the purposes of (A) concluding international agreements on the promotion of encryption products and services, and (B) achieving mutual recognition of countries' export controls, in order to meet the needs of countries to preserve national security, safeguard privacy, and prevent commercial espionage. The President may consider a country's refusal to negotiate such international export and mutual recognition agreements when considering the participation of the United States in any cooperation or assistance program with that country. The President shall submit a report to the Congress regarding the status of international efforts regarding cryptography not later than December 31, 2000. SEC. 12. COLLECTION OF INFORMATION ON EFFECT OF ENCRYPTION ON LAW ENFORCEMENT ACTIVITIES. (a) Collection of Information by Attorney General.--The Attorney General shall compile, and maintain in classified form, data on the instances in which encryption (as defined in section 2801 of title 18, United States Code) has interfered with, impeded, or obstructed the ability of the Department of Justice to enforce the criminal laws of the United States. (b) Availability of Information to the Congress.--The information compiled under subsection (a), including an unclassified summary thereof, shall be made available, upon request, to any Member of Congress. SEC. 13. PROHIBITION ON TRANSFERS TO PLA AND COMMUNIST CHINESE MILITARY COMPANIES. (a) Prohibition.--Whoever knowingly and willfully transfers to the People's Liberation Army or to any Communist Chinese military company any encryption product that utilizes a key length of more than 56 bits-- (1) in the case of a first offense under this section, shall be imprisoned for not more than 5 years, or fined under title 18, United States Code, or both; and (2) in the case of second or subsequent offense under this section, shall be imprisoned for not more than 10 years, or fined under title 18, United States Code, or both. (b) Definitions.--For purposes of this section: (1) Communist chinese military company.--(A) Subject to subparagraph (B), the term ``Communist Chinese military company'' has the meaning given that term in section 1237(b)(4) of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (50 U.S.C. 1701 note). (B) At such time as the determination and publication of persons are made under section 1237(b)(1) of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999, the term ``Communist Chinese military company'' shall mean the list of those persons so published, as revised under section 1237(b)(2) of that Act. (2) People's liberation army.--The term ``People's Liberation Army'' has the meaning given that term in section 1237(c) of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999. SEC. 14. FAILURE TO DECRYPT INFORMATION OBTAINED UNDER COURT ORDER. Whoever is required by an order of any court to provide to the court or any other party any information in such person's possession which has been encrypted and who, having possession of the key or such other capability to decrypt such information into the readable or comprehensible format of such information prior to its encryption, fails to provide such information in accordance with the order in such readable or comprehensible form-- (1) in the case of a first offense under this section, shall be imprisoned for not more than 5 years, or fined under title 18, United States Code, or both; and (2) in the case of second or subsequent offense under this section, shall be imprisoned for not more than 10 years, or fined under title 18 United States Code, or both. SECTION 1. SHORT TITLE. This Act may be cited as the ``Security And Freedom through Encryption (SAFE) Act''. SEC. 2. SALE AND USE OF ENCRYPTION. (a) In General.--Part I of title 18, United States Code, is amended by inserting after chapter 123 the following new chapter: ``CHAPTER 125--ENCRYPTED WIRE AND ELECTRONIC INFORMATION ``Sec. ``2801. Definitions. ``2802. Freedom to use encryption. ``2803. Freedom to sell encryption. ``2804. Prohibition on mandatory key escrow. ``2805. Unlawful use of encryption in furtherance of a criminal act. ``Sec. 2801. Definitions ``As used in this chapter-- ``(1) the terms `person', `State', `wire communication', `electronic communication', `investigative or law enforcement officer', and `judge of competent jurisdiction' have the meanings given those terms in section 2510 of this title; ``(2) the term `decrypt' means to retransform or unscramble encrypted data, including communications, to its readable form; ``(3) the terms `encrypt', `encrypted', and `encryption' mean the scrambling of wire communications, electronic communications, or electronically stored information, using mathematical formulas or algorithms in order to preserve the confidentiality, integrity, or authenticity of, and prevent unauthorized recipients from accessing or altering, such communications or information; ``(4) the term `key' means the variable information used in a mathematical formula, code, or algorithm, or any component thereof, used to decrypt wire communications, electronic communications, or electronically stored information, that has been encrypted; and ``(5) the term `key recovery information' means information that would enable obtaining the key of a user of encryption; ``(6) the term `plaintext access capability' means any method or mechanism which would provide information in readable form prior to its being encrypted or after it has been decrypted; ``(7) the term `United States person' means-- ``(A) any United States citizen; ``(B) any other person organized under the laws of any State, the District of Columbia, or any commonwealth, territory, or possession of the United States; and ``(C) any person organized under the laws of any foreign country who is owned or controlled by individuals or persons described in subparagraphs (A) and (B). ``Sec. 2802. Freedom to use encryption ``Subject to section 2805, it shall be lawful for any person within any State, and for any United States person in a foreign country, to use any encryption, regardless of the encryption algorithm selected, encryption key length chosen, or implementation technique or medium used. ``Sec. 2803. Freedom to sell encryption ``Subject to section 2805, it shall be lawful for any person within any State to sell in interstate commerce any encryption, regardless of the encryption algorithm selected, encryption key length chosen, or implementation technique or medium used. ``Sec. 2804. Prohibition on mandatory key escrow ``(a) General Prohibition.--Neither the Federal Government nor a State may require that, or condition any approval on a requirement that, a key, access to a key, key recovery information, or any other plaintext access capability be-- ``(1) built into computer hardware or software for any purpose; ``(2) given to any other person, including a Federal Government agency or an entity in the private sector that may be certified or approved by the Federal Government or a State to receive it; or ``(3) retained by the owner or user of an encryption key or any other person, other than for encryption products for use by the Federal Government or a State. ``(b) Exception for Government National Security and Law Enforcement Purposes.--The prohibition contained in subsection (a) shall not apply to any department, agency, or instrumentality of the United States, or to any department, agency, or political subdivision of a State, that has a valid contract with a nongovernmental entity that is assisting in the performance of national security or law enforcement activity. ``(c) Exception for Access for Law Enforcement Purposes.-- Subsection (a) shall not affect the authority of any investigative or law enforcement officer, or any member of the intelligence community as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 401a), acting under any law in effect on the effective date of this chapter, to gain access to encrypted communications or information. ``Sec. 2805. Unlawful use of encryption in furtherance of a criminal act ``(a) Encryption of Incriminating Communications or Information Unlawful.--Any person who, in the commission of a felony under a criminal statute of the United States, knowingly and willfully encrypts incriminating communications or information relating to that felony with the intent to conceal such communications or information for the purpose of avoiding detection by law enforcement agencies or prosecution-- ``(1) in the case of a first offense under this section, shall be imprisoned for not more than 5 years, or fined in the amount set forth in this title, or both; and ``(2) in the case of a second or subsequent offense under this section, shall be imprisoned for not more than 10 years, or fined in the amount set forth in this title, or both. ``(b) Use of Encryption Not a Basis for Probable Cause.--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.''. (b) Conforming Amendment.--The table of chapters for part I of title 18, United States Code, is amended by inserting after the item relating to chapter 123 the following new item: ``125. Encrypted wire and electronic information............ 2801''. SEC. 3. EXPORTS OF ENCRYPTION. (a) Amendment to Export Administration Act of 1979.--Section 17 of the Export Administration Act of 1979 (50 U.S.C. App. 2416) is amended by adding at the end thereof the following new subsection: ``(g) Certain Consumer Products, Computers, and Related Equipment.-- ``(1) General rule.--Subject to paragraphs (2) and (3), the Secretary shall have exclusive authority to control exports of all computer hardware, software, computing devices, customer premises equipment, communications network equipment, and technology for information security (including encryption), except that which is specifically designed or modified for military use, including command, control, and intelligence applications. ``(2) Items not requiring licenses.--After a 1-time technical review by the Secretary, which shall be completed not later than 30 working days after submission of the product concerned for such technical review, no export license may be required, except pursuant to the Trading with the enemy Act or the International Emergency Economic Powers Act (but only to the extent that the authority of such Act is not exercised to extend controls imposed under this Act), for the export or reexport of-- ``(A) any computer hardware or software or computing device, including computer hardware or software or computing devices with encryption capabilities-- ``(i) that is generally available; ``(ii) that is in the public domain for which copyright or other protection is not available under title 17, United States Code, or that is available to the public because it is generally accessible to the interested public in any form; or ``(iii) that is used in a commercial, off- the-shelf, consumer product or any component or subassembly designed for use in such a consumer product available within the United States or abroad which-- ``(I) includes encryption capabilities which are inaccessible to the end user; and ``(II) is not designed for military or intelligence end use; ``(B) any computing device solely because it incorporates or employs in any form-- ``(i) computer hardware or software (including computer hardware or software with encryption capabilities) that is exempted from any requirement for a license under subparagraph (A); or ``(ii) computer hardware or software that is no more technically complex in its encryption capabilities than computer hardware or software that is exempted from any requirement for a license under subparagraph (A) but is not designed for installation by the purchaser; ``(C) any computer hardware or software or computing device solely on the basis that it incorporates or employs in any form interface mechanisms for interaction with other computer hardware or software or computing devices, including computer hardware and software and computing devices with encryption capabilities; ``(D) any computing or telecommunication device which incorporates or employs in any form computer hardware or software encryption capabilities which-- ``(i) are not directly available to the end user; or ``(ii) limit the encryption to be point-to- point from the user to a central communications point or link and does not enable end-to-end user encryption; ``(E) technical assistance and technical data used for the installation or maintenance of computer hardware or software or computing devices with encryption capabilities covered under this subsection; or ``(F) any encryption hardware or software or computing device not used for confidentiality purposes, such as authentication, integrity, electronic signatures, nonrepudiation, or copy protection. ``(3) Computer hardware or software or computing devices
Other Popular 106th Congressional Bills Documents:
|GovRecords.org presents information on various agencies of the United States Government. Even though all information is believed to be credible and accurate, no guarantees are made on the complete accuracy of our government records archive. Care should be taken to verify the information presented by responsible parties. Please see our reference page for congressional, presidential, and judicial branch contact information. GovRecords.org values visitor privacy. Please see the privacy page for more information.|
Supreme Court Decisions
104th Congressional Documents
105th Congressional Documents
106th Congressional Documents
107th Congressional Documents
108th Congressional Documents
1994 Presidential Documents