From: Mike Godwin <mnemonic>
Date: Thu, 6 May 1993 18:31:51 -0400
To: mnemonic@well.sf.ca.us
Subject: No Subject
Message-ID: <199305062231.AA08688@eff.org>
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>From jberman Thu May  6 18:23:32 1993
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Date: Thu, 6 May 1993 18:23:09 -0400
Message-Id: <199305062223.AA08608@eff.org>
To: eff-board, eff-staff
From: jberman (Jerry Berman)
Subject: LETTER TO PRES CRYTO
Status: OR

This is the letter to the President dated 5/6/93  on Cryptography and
Clipper Chip from the digital privacy and security working group. PLEASE
CIRCULATE BROADLY. For further information, contact  jberman@eff.org
(202-5449237)

>The President
>The White House
>Washington, D.C.  20500
>
>Dear Mr. President:
>
>        On April 16 you initiated a broad industry/government review of
>privacy and cryptography policies. We applaud your efforts to develop a
>greater understanding of these complex issues.  With the end of the Cold
>War and the rapid evolution of technology in the computer and
>communications industries, a comprehensive review of our communications
>security policies such as you have directed is sorely needed.  As the world
>becomes linked by a myriad of interconnected digital networks, and computer
>and communications technologies converge, both government and the private
>sector need to evaluate information security and privacy issues. Of course,
>any overall policy must recognize the authorized law enforcement and
>national security needs, and must evaluate the impact on American
>competitiveness.
>
>        The Digital Privacy and Security Working Group -- a coalition of
>communications and computer companies and associations, and consumer and
>privacy advocates -- was formed almost a decade ago when Congress undertook
>a review of technology and security policy.  That review led to the
>Electronic Communications Privacy Act of 1986.  Subsequently, many members
>of the Working Group served on the Privacy and Technology Task Force that
>Senator Leahy charged with examining these and similar issues in 1991.   
>
>        While we recognize the importance of authorized national security
>and law enforcement needs, we believe that there are fundamental privacy
>and other constitutional rights that must be taken into account when any
>domestic surveillance scheme is proposed.  Moreover, it is unclear how your
>proposal and the overall review of cryptography policy will impact on U.S.
>export controls.  Over the past two years, the Digital Privacy and Security
>Working Group has held numerous meetings at which both public and private
>sector representatives have exchanged technical and legal information with
>the law enforcement community on just such issues.  
>
>        In the White House press release of April 16, the Press Secretary
>stated that you have "directed early and frequent consultations with
>affected industries...and groups that advocate the privacy rights of
>individuals..."  Our group of over 50 members -- from computer software and
>hardware firms, to telecommunications companies and energy companies, to
>the American Civil Liberties Union and the Electronic Frontier Foundation
>-- requests the opportunity to participate in developing policy on the
>broad range of security and privacy issues being considered, including
>appropriate encryption techniques.  We believe that our membership has the
>breadth and depth of expertise and experience that would allow us to
>provide an excellent forum for the development of new policies in these
>areas.
>        During the past few weeks, the Working Group has met several times
>to identify issues that need to be addressed.  Several aspects of the
>Administration's encryption proposal warrant further discussion, including,
>but not limited to: 
>
>        o       whether a key escrow system will produce the desired law
>enforcement results; 
>        o       the level of strength and integrity of the algorithm and
>the security of the key escrow system; 
>        o       the advisability of a government-developed and classified
>algorithm; 
>        o       its practicality and commercial acceptability; 
>        o       the effect of the proposal on American competitiveness and
>the balance of trade;
>        o       possible implications for the development of digital
>communications; and, 
>        o       the effect on the right to privacy and other constitutional
>rights.
>
>A detailed list of our questions relating to this subject is being prepared
>to facilitate this dialogue.
>
>        We are making our views known to officials within your
>Administration and Members of Congress as the review begins.  We would
>welcome the opportunity to participate in the review process and look
>forward to working with you and your Administration on this important issue
>in the coming months.  Representatives of the Digital Privacy and Security
>Working Group are anxious to meet with your staff at their earliest
>convenience to establish a consultation process.         
>
>                                        Sincerely,
>
>abcd, The Microcomputer Industry Association                   
>Hewlett-Packard Company
>Advanced Network & Services, Inc.                               
IBM
>American Civil Liberties Union                                  
Information Technology Association of America
>Apple Computer, Inc.                                            
Information Industry Association
>AT&T                                                                          
>                
Iris Associates
>Business Software Alliance                                             
>Lotus Development Corporation
>Cavanagh Associates, Inc.                                              
>McCaw Cellular Communications
>Cellular Telephone Industry Association                                 
MCI
>Computer Professionals for Social Responsibility                       
>Microsoft Corporation
>Computer & Business Equipment Manufacturers Association      
 RSA Data Security, Inc.
>Computer & Communications Industry Association                        
Software Publishers >Association  
>Crest Industries, Inc.                                          
Sun Microsystems, Inc.
>Digital Equipment Corporation                                   
Toolmaker, Inc.
>EDUCOM                                                         
 Trusted Information Systems
>Electronic Mail Association                                            
>United States Telephone Association
>
>                        Electronic Frontier Foundation/Coordinator
>                                Contact:  Jerry Berman 202/544-6906
>
>