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] ...


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                                                 Union Calendar No. 149

106th CONGRESS

  1st Session

                               H. R. 850

             [Report No. 106-117, Parts I, II, III, IV, V]

_______________________________________________________________________

                                 A BILL

 To amend title 18, United States Code, to affirm the rights of United 
States persons to use and sell encryption and to relax export controls 
                             on encryption.

_______________________________________________________________________

                             July 23, 1999

     Reported from the Committee on Armed Services with amendments

                             July 23, 1999

 Reported from the Permanent Select Committee on Intelligence with an 
 amendment, committed to the Committee of the Whole House on the State 
                of the Union, and ordered to be printed
                                                 Union Calendar No. 149
106th CONGRESS
  1st Session
                                H. R. 850

             [Report No. 106-117, Parts I, II, III, IV, V]

 To amend title 18, United States Code, to affirm the rights of United 
States persons to use and sell encryption and to relax export controls 
                             on encryption.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 25, 1999

  Mr. Goodlatte (for himself, Ms. Lofgren, Mr. Armey, Mr. DeLay, Mr. 
 Watts of Oklahoma, Mr. Davis of Virginia, Mr. Cox, Ms. Pryce of Ohio, 
Mr. Blunt, Mr. Gephardt, Mr. Bonior, Mr. Frost, Ms. DeLauro, Mr. Lewis 
of Georgia, Mr. Gejdenson, Mr. Sensenbrenner, Mr. Gekas, Mr. Coble, Mr. 
   Smith of Texas, Mr. Gallegly, Mr. Bryant, Mr. Chabot, Mr. Barr of 
 Georgia, Mr. Hutchinson, Mr. Pease, Mr. Cannon, Mr. Rogan, Mrs. Bono, 
 Mr. Bachus, Mr. Conyers, Mr. Frank of Massachusetts, Mr. Boucher, Mr. 
Nadler, Ms. Jackson-Lee of Texas, Ms. Waters, Mr. Meehan, Mr. Delahunt, 
 Mr. Wexler, Mr. Ackerman, Mr. Andrews, Mr. Archer, Mr. Ballenger, Mr. 
 Barcia, Mr. Barrett of Nebraska, Mr. Barrett of Wisconsin, Mr. Barton 
of Texas, Mr. Bilbray, Mr. Blumenauer, Mr. Boehner, Mr. Brady of Texas, 
     Mr. Brady of Pennsylvania, Ms. Brown of Florida, Mr. Brown of 
  California, Mr. Burr of North Carolina, Mr. Burton of Indiana, Mr. 
  Camp, Mr. Campbell, Mrs. Capps, Mr. Chambliss, Mrs. Chenoweth, Mrs. 
  Christian-Christensen, Mrs. Clayton, Mr. Clement, Mr. Clyburn, Mr. 
     Collins, Mr. Cook, Mr. Cooksey, Mrs. Cubin, Mr. Cummings, Mr. 
 Cunningham, Mr. Davis of Illinois, Mr. Deal of Georgia, Mr. DeFazio, 
 Mr. Deutsch, Mr. Dickey, Mr. Dooley of California, Mr. Doolittle, Mr. 
Doyle, Mr. Dreier, Mr. Duncan, Ms. Dunn, Mr. Ehlers, Mrs. Emerson, Mr. 
English, Ms. Eshoo, Mr. Ewing, Mr. Farr of California, Mr. Filner, Mr. 
 Ford, Mr. Fossella, Mr. Franks of New Jersey, Mr. Gillmor, Mr. Goode, 
 Mr. Goodling, Mr. Gordon, Mr. Green of Texas, Mr. Gutknecht, Mr. Hall 
of Texas, Mr. Hastings of Washington, Mr. Herger, Mr. Hill of Montana, 
 Mr. Hobson, Mr. Hoekstra, Mr. Holden, Ms. Hooley of Oregon, Mr. Horn, 
  Mr. Houghton, Mr. Inslee, Mr. Istook, Mr. Jackson of Illinois, Mr. 
    Jefferson, Ms. Eddie Bernice Johnson of Texas, Mrs. Johnson of 
Connecticut, Mr. Kanjorski, Mr. Kasich, Mrs. Kelly, Ms. Kikpatrick, Mr. 
   Kind, Mr. Kingston, Mr. Knollenberg, Mr. Kolbe, Mr. Lampson, Mr. 
 Largent, Mr. Latham, Ms. Lee, Mr. Lewis of Kentucky, Mr. Linder, Mr. 
Lucas of Oklahoma, Mr. Luther, Ms. McCarthy of Missouri, Mr. McDermott, 
 Mr. McGovern, Mr. McIntosh, Mr. Maloney of Connecticut, Mr. Manzullo, 
    Mr. Markey, Mr. Martinez, Mr. Matsui, Mrs. Meek of Florida, Mr. 
    Metcalf, Mr. Mica, Ms. Millender-McDonald, Mr. George Miller of 
  California, Mr. Moakley, Mr. Moran of Virginia, Mrs. Morella, Mrs. 
Myrick, Mrs. Napolitano, Mr. Neal of Massachusetts, Mr. Nethercutt, Mr. 
 Norwood, Mr. Nussle, Mr. Olver, Mr. Packard, Mr. Pallone, Mr. Pastor, 
 Mr. Peterson of Minnesota, Mr. Pickering, Mr. Pombo, Mr. Pomeroy, Mr. 
  Price of North Carolina, Mr. Quinn, Mr. Radanovich, Mr. Rahall, Mr. 
 Rangel, Mr. Reynolds, Ms. Rivers, Mr. Rohrabacher, Ms. Ros-Lehtinen, 
   Mr. Rush, Mr. Salmon, Ms. Sanchez, Mr. Sanders, Mr. Sanford, Mr. 
 Scarborough, Mr. Schaffer, Mr. Sessions, Mr. Shays, Mr. Sherman, Mr. 
Shimkus, Mr. Smith of Washington, Mr. Smith of New Jersey, Mr. Souder, 
  Ms. Stabenow, Mr. Stark, Mr. Sununu, Mr. Tanner, Mrs. Tauscher, Mr. 
   Tauzin, Mr. Taylor of North Carolina, Mr. Thomas, Mr. Thompson of 
Mississippi, Mr. Thune, Mr. Tiahrt, Mr. Tierney, Mr. Upton, Mr. Vento, 
   Mr. Walsh, Mr. Wamp, Mr. Watkins, Mr. Weller, Mr. Whitfield, Mr. 
 Wicker, Ms. Woolsey, and Mr. Wu) introduced the following bill; which 
was referred to the Committee on the Judiciary, and in addition to the 
 Committee on International Relations, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

                             April 27, 1999

              Reported from the Committee on the Judiciary

                             April 27, 1999

  Referral to the Committee on International Relations extended for a 
               period ending not later than July 2, 1999

                             April 27, 1999

   Referred to the Committees on Armed Services and Commerce and the 
  Permanent Select Committee on Intelligence for a period ending not 
                        later than July 2, 1999

                              July 2, 1999

       Reported from the Committee on Commerce with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                              July 2, 1999

  Referral to the Committee on International Relations extended for a 
               period ending not later than July 16, 1999

                              July 2, 1999

 Referral to the Committee on Armed Services and the Permanent Select 
 Committee on Intelligence extended for a period ending not later than 
                             July 23, 1999

                             July 16, 1999

  Referral to the Committee on International Relations extended for a 
               period ending not later than July 19, 1999

                             July 19, 1999

    Reported from the Committee on International Relations with an 
                               amendment
 [Strike out all after the enacting clause and insert the part printed 
                           in boldface roman]

                             July 23, 1999

     Reported from the Committee on Armed Services with amendments
 [Strike out all after the enacting clause and insert the part printed 
                      in italic and bold brackets]

                             July 23, 1999

   Additional sponsors: Mr. Hall of Ohio, Mr. Forbes, Mr. Holt, Mr. 
Gibbons, Mr. Calvert, Ms. Slaughter, Mr. Bonilla, Mr. Diaz-Balart, Mr. 
Engel, Mr. Hilliard, Mr. King, Mr. LaHood, Ms. McKinney, Mr. Ney, Mrs. 
   Northup, Mr. Riley, Mr. Serrano, Mr. Stenholm, Mr. Tancredo, Mr. 
 Hansen, Mr. Moran of Kansas, Mr. Sam Johnson of Texas, Mr. Hilleary, 
Mr. Gary Miller of California, Ms. Norton, Mr. Sweeney, Mr. Baker, Mr. 
   Crane, Mr. McInnis, Mr. Weldon of Florida, Mr. Wise, Mr. Ose, Mr. 
 Baldacci, Mr. Minge, Mr. Underwood, Mr. DeMint, Mr. Walden of Oregon, 
Mr. Hayes, Mr. Foley, Mr. Terry, Mr. Shows, Mr. Ryan of Wisconsin, Mr. 
   Etheridge, Mr. Watt of North Carolina, Mr. Crowley, Mr. Udall of 
Colorado, Mr. Hoeffel, Mr. Fletcher, Mr. Baird, Mr. Talent, Mr. Kennedy 
of Rhode Island, Mr. Udall of New Mexico, Mr. Sawyer, Mr. Menendez, and 
                              Mr. Hinchey
 Deleted sponsors: Mr. Holden (added February 25, 1999; deleted April 
 21, 1999), and Mr. Hastings of Florida (added March 16, 1999; deleted 
                             June 10, 1999)

                             July 23, 1999

 Reported from the Permanent Select Committee on Intelligence with an 
 amendment, committed to the Committee of the Whole House on the State 
                of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                          in boldface italic]

_______________________________________________________________________

                                 A BILL


 
 To amend title 18, United States Code, to affirm the rights of United 
States persons to use and sell encryption and to relax export controls 
                             on encryption.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Security And Freedom 
through Encryption (SAFE) Act''.</DELETED>

<DELETED>SEC. 2. SALE AND USE OF ENCRYPTION.</DELETED>

<DELETED>    (a) In General.--Part I of title 18, United States Code, 
is amended by inserting after chapter 123 the following new 
chapter:</DELETED>

         <DELETED>``CHAPTER 125--ENCRYPTED WIRE AND ELECTRONIC 
                         INFORMATION</DELETED>

<DELETED>``Sec.
<DELETED>``2801. Definitions.
<DELETED>``2802. Freedom to use encryption.
<DELETED>``2803. Freedom to sell encryption.
<DELETED>``2804. Prohibition on mandatory key escrow.
<DELETED>``2805. Unlawful use of encryption in furtherance of a 
                            criminal act.
<DELETED>``Sec. 2801. Definitions</DELETED>
<DELETED>    ``As used in this chapter--</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(2) the term `decrypt' means to retransform or 
        unscramble encrypted data, including communications, to its 
        readable form;</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(5) the term `key recovery information' means 
        information that would enable obtaining the key of a user of 
        encryption;</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(7) the term `United States person' means--
        </DELETED>
                <DELETED>    ``(A) any United States citizen;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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).</DELETED>
<DELETED>``Sec. 2802. Freedom to use encryption</DELETED>
<DELETED>    ``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.</DELETED>
<DELETED>``Sec. 2803. Freedom to sell encryption</DELETED>
<DELETED>    ``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.</DELETED>
<DELETED>``Sec. 2804. Prohibition on mandatory key escrow</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(1) built into computer hardware or software for 
        any purpose;</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Prohibition on Linkage of Different Uses of 
Encryption.--Neither the Federal Government nor a State may--</DELETED>
        <DELETED>    ``(1) require the use of encryption products, 
        standards, or services used for confidentiality purposes, as a 
        condition of the use of such products, standards, or services 
        for authenticity or integrity purposes; or</DELETED>
        <DELETED>    ``(2) require the use of encryption products, 
        standards, or services used for authenticity or integrity 
        purposes, as a condition of the use of such products, 
        standards, or services for confidentiality purposes.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>``Sec. 2805. Unlawful use of encryption in furtherance of a 

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