From: Mike Godwin <mnemonic@eff.org>
Date: Fri, 4 Feb 94 15:10:17 PST
To: cyberia-l@birds.wm.edu )
Subject: doj_escrow_intercept.procedures (fwd)
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From postmaster Fri Feb  4 17:49:23 1994
Date: Fri, 4 Feb 1994 17:47:39 -0500
From: Dan Brown <brown>
Message-Id: <199402042247.RAA00193@eff.org>
To: eff-board, eff-staff
Subject: doj_escrow_intercept.procedures

U.S. Department of Justice
Washington, D.C. 20530

February 4, 1994



AUTHORIZATION PROCEDURES FOR RELEASE OF ENCRYPTION KEY COMPONENTS    
     IN CONJUNCTION WITH INTERCEPTS PURSUANT TO TITLE III

The following are the procedures for the release of escrowed key 
components in conjunction with lawfully authorized interception of 
communications encrypted with a key-escrow encryption method. 
These procedures cover all electronic surveillance conducted 
pursuant to Title III of the Omnibus crime Control and Safe 
Streets Act of 1968, as amended (Title III), Title 18, United 
States Code, Section 2510 et seq.

	1) In each case there shall be a legal authorization for the 
interception of wire and/or electronic communications.

	2) All electronic surveillance court orders under Title III 
shall contain provisions authorizing after-the-fact minimization, 
pursuant to 18 U.S.C. 2518(5), permitting the interception and 
retention of coded communications, including encrypted 
communications.

	3) In the event that federal law enforcement agents discover 
during the course of any lawfully authorized interception that 
communications encrypted with a key escrow encryption method are 
being utilized, they may obtain a certification from the 
investigative agency conducting the investigation, or the Attorney 
General of the United States or designee thereof. Such 
certification shall

		(a) identify the law enforcement agency or other 
authority conducting the interception and the person providing the 
certification; 

		(b) certify that necessary legal authorization has been 
obtained to conduct electronic surveillance regarding these 
communications; 

		(c) specify the termination date of the period for which 
interception has been authorized; 

		(d) identify by docket number or other suitable method 
of specification the source of the authorization;

		(e) certify that communications covered by that 
authorization are being encrypted with a key-escrow encryption 
method;

		(f) specify the identifier (ID) number of the key escrow 
encryption chip providing such encryption; and

		(g) specify the serial (ID) number of the key-escrow 
decryption device that will be used by the law enforcement agency 
or other authority for decryption of the intercepted 
communications.

	4) The agency conducting the interception shall submit this 
certification to each of the designated key component escrow 
agents. If the certification has been provided by an investigative 
agency, as soon thereafter as practicable, an attorney associated 
with the United States Attorney's Office supervising the 
investigation shall provide each of the key component escrow 
agents with written confirmation of the certification.

	5) Upon receiving the certification from the requesting 
investigative agency, each key component escrow agent shall 
release the necessary key component to the requesting agency. The 
key components shall be provided in a manner that assures they 
cannot be used other than in conjunction with the lawfully 
authorized electronic surveillance for which they were requested.

	6) Each of the key component escrow agents shall retain a 
copy of the certification of the requesting agency, as well as the 
subsequent confirmation of the United States Attorney's Office. In 
addition, the requesting agency shall retain a copy of the 
certification and provide copies to the following for retention in 
accordance with normal record keeping requirements:

		(a) the United States Attorney's Office supervising the 
investigation, and
		
		(b) the Department of Justice, Office of Enforcement 
Operations.

	7) Upon, or prior to, completion of the electronic 
surveillance phase of the investigation, the ability of the 
requesting agency to decrypt intercepted communications shall 
terminate, and the requesting agency may not retain the key 
components.

	8) The Department of Justice shall, in each such case,

		(a) ascertain the existence of authorizations for 
electronic surveillance in cases for which escrowed key components 
have been released;

		(b) ascertain that key components for a particular key 
escrow encryption chip are being used only by an investigative 
agency authorized to conduct electronic surveillance of 
communications encrypted with that chip; and 

		(c) ascertain that, no later than the completion of the 
electronic surveillance phase of the investigation, the ability of 
the requesting agency to decrypt intercepted communications is 
terminated.

	9) In reporting to the Administrative Office of the United 
States Courts pursuant to 18 U.S.C. Section 2519(2), the Assistant 
Attorney General for the Criminal Division shall, with respect to 
any order for authorized electronic surveillance for which 
escrowed encryption components were released and used for 
decryption, specifically note that fact.

These procedures do not create, and are not intended to create, 
any substantive rights for individuals intercepted through 
electronic surveillance, and noncompliance with these procedures 
shall not provide the basis for any motion to suppress or other 
objection to the introduction of electronic surveillance evidence 
lawfully acquired.

*************************************************************



U.S. Department of Justice
Washington, D.C. 20530

February 4, 1994



AUTHORIZATION PROCEDURES FOR RELEASE OF ENCRYPTION KEY COMPONENTS
    IN CONJUNCTION WITH INTERCEPTS PURSUANT TO STATE STATUTES

Key component escrow agents may only release escrowed key 
components to law enforcement or prosecutorial authorities for use 
in conjunction with lawfully authorized interception of 
communications encrypted with a key-escrow encryption method. 
These procedures apply to the release of key components to State 
and local law enforcement or prosecutorial authorities for use in 
conjunction with interceptions conducted pursuant to relevant 
State statutes authorizing electronic surveillance, and Title III 
of the Omnibus crime Control and Safe Streets Act of 1968, as 
amended, Title 18, United States Code, Section 2510 et seq.

	1) The state or local law enforcement or prosecutorial 
authority must be conducting an interception of wire and/or 
electronic communications pursuant to lawful authorization.

	2) Requests for release of escrowed key components must be 
submitted to the key component escrow agents by the principal 
prosecuting attorney of the State, or of a political subdivision 
thereof, responsible for the lawfully authorized electronic 
surveillance.

	3) The principal prosecuting attorney of such State or 
political subdivision of such State shall submit with the request 
for escrowed key components a certification that shall

		(a) identify the law enforcement agency or other 
authority conducting the interception and the prosecuting attorney 
responsible therefor; 

		(b) certify that necessary legal authorization for 
interception has been obtained to conduct electronic surveillance 
regarding these communications; 

		(c) specify the termination date of the period for which 
interception has been authorize;

		(d) identify by docket number or other suitable method 
of specification the source of the authorization;

		(e) certify that communications covered by that 
authorization are being encrypted with a key-escrow encryption 
method;

		(f) specify the identifier (ID) number of the key escrow 
chip providing such encryption; and 

		(g) specify the serial (ID) number of the key-escrow 
decryption device that will be used by the law enforcement agency 
or other authority for decryption of the intercepted 
communications.

	4) Such certification must be submitted by the principal 
prosecuting attorney of that State or political subdivision to 
each of the designated key component escrow agents.

	5) Upon receiving the certification from the principal 
prosecuting attorney of the State or political subdivision, each 
key component escrow agent shall release the necessary key 
component to the intercepting State or local law enforcement 
agency or other authority. The key components shall be provided in 
a manner that assures they cannot be used other than in 
conjunction with the lawfully authorized electronic surveillance 
for which they were requested.

	6) Each of the key component escrow agents shall retain a 
copy of the certification of the principal prosecuting attorney of 
the State or political subdivision. In addition, such prosecuting 
attorney shall provide a copy of the certification to the 
Department of Justice, for retention in accordance with normal 
record keeping requirements.

	7) Upon, or prior to, completion of the electronic 
surveillance phase of the investigation, the ability of the 
intercepting law enforcement agency or other authority to decrypt 
intercepted communications shall terminate, and the intercepting 
law enforcement agency or other authority may not retain the key 
components.

	8) The Department of Justice may, in each such case, make 
inquiry to

		(a) ascertain the existence of authorizations for 
electronic surveillance in cases for which escrowed key components 
have been released;

		(b) ascertain that key components for a particular key 
escrow encryption chip are being used only by an investigative 
agency authorized to conduct electronic surveillance of 
communications encrypted with that chip; and

		(c) ascertain that, no later than the completion of the 
electronic surveillance phase of the investigation, the ability of 
the requesting agency to decrypt intercepted communications is 
terminated.

	9) In reporting to the Administrative Office of the United 
States Courts pursuant to 18 U.S.C. Section 2519(2), the principal 
prosecuting attorney of a State or of a political subdivision of a 
State may, with respect to any order for authorized electronic 
surveillance for which escrowed encryption components were 
released and used for decryption, desire to note that fact.

These procedures do not create, and are not intended to create, 
any substantive rights for individuals intercepted through 
electronic surveillance, and noncompliance with these procedures 
shall not provide the basis for any motion to suppress or other 
objection to the introduction of electronic surveillance evidence 
lawfully acquired.

*************************************************************



U.S. Department of Justice
Washington D.C. 20530

February 4, 1994



AUTHORIZATION PROCEDURES FOR RELEASE OF ENCRYPTION KEY COMPONENTS
         IN CONJUNCTION WITH INTERCEPTS PURSUANT TO FISA

The following are the procedures for the release of escrowed key 
components in conjunction with lawfully authorized interception of 
communications encrypted with a key-escrow encryption method. 
These procedures cover all electronic surveillance conducted 
pursuant to the Foreign Intelligence Surveillance Act (FISA), Pub. 
L. 95-511, which appears at Title 50, U.S. Code, Section 1801 et 
seq.

	1 ) In each case there shall be a legal authorization for the 
interception of wire and/or electronic communications.

	2) In the event that federal authorities discover during the 
course of any lawfully authorized interception that communications 
encrypted with a key-escrow encryption method are being utilized, 
they may obtain a certification from an agency authorized to 
participate in the conduct of the interception, or from the 
Attorney General of the United States or designee thereof. Such 
certification shall

		(a) identify the agency participating in the conduct of 
the interception and the person providing the certification;

		to conduct electronic surveillance regarding these 
communications;

		(c) specify the termination date of the period for which 
interception has been authorized;

		(d) identify by docket number or other suitable method 
of specification the source of the authorization;

		(e) certify that communications covered by that 
authorization are being encrypted with a key-escrow encryption 
method;

		(f) specify the identifier (ID) number of the key escrow 
encryption chip providing such encryption; and

		(g) specify the serial (ID) number of the key-escrow 
decryption device that will be used by the agency participating in 
the conduct of the interception for decryption of the intercepted 
communications.

	4) This certification shall be submitted to each of the 
designated key component escrow agents. If the certification has 
been provided by an agency authorized to participate in the 
conduct of the interception, a copy shall be provided to the 
Department of Justice, Office of Intelligence Policy and Review. 
As soon as possible, an attorney associated with that office shall 
provide each of the key component escrow agents with written 
confirmation of the certification.

	5) Upon receiving the certification, each key component 
escrow agent shall release the necessary key component to the 
agency participating in the conduct of the interception. The key 
components shall be provided in a manner that assures they cannot 
be used other than in conjunction with the lawfully authorized 
electronic surveillance for which they were requested.

	6) Each of the key component escrow agents shall retain a 
copy of the certification, as well as the subsequent written 
confirmation of the Department of Justice, Office of Intelligence 
Policy and Review.

	7) Upon, or prior to, completion of the electronic 
surveillance phase of the investigation, the ability of the agency 
participating in the conduct of the interception to decrypt 
intercepted communications shall terminate, and such agency may 
not retain the key components.

	8)   The Department of Justice shall, in each such case,

		(a) ascertain the existence of authorizations for 
electronic surveillance in cases for which escrowed key components 
have been released;

		(b) ascertain that key components for a particular key 
escrow encryption chip are being used only by an agency authorized 
to participate in the conduct of the interception of 
communications encrypted with that chip; and 

		(c) ascertain that, no later than the completion of the 
electronic surveillance phase of the investigation, the ability of 
the agency participating in the conduct of the interception to 
decrypt intercepted communications is terminated.

	9) Reports to the House Permanent Select Committee on 
Intelligence and the Senate Select Committee on Intelligence, 
pursuant to Section 108 of FISA, shall, with respect to any order 
for authorized electronic surveillance for which escrowed 
encryption components were released and used for decryption, 
specifically note that fact.

These procedures do not create, and are not intended to create, 
any substantive rights for individuals intercepted through 
electronic surveillance, and noncompliance with these procedures 
shall not provide the basis for any motion to suppress or other 
objection to the introduction of electronic surveillance evidence 
lawfully acquired.