From: Stanton McCandlish <mech@eff.org>
Date: Tue, 12 Jul 94 14:10:17 PDT
To: eff-activists@eff.org
Subject: space contractors must use only "approved" encryption devices?
Message-ID: <199407122109.RAA28866@eff.org>
MIME-Version: 1.0
Content-Type: text/plain


[The person that forwarded to us noted: "It is relevant to the
current efforts regarding encryption systems, specifically, it is the
first instance that I have seen where the Federal Government will
require non-government entities to use only government approved
encryption...So much for the contention that no one would be forced to use
Clipper."]

Please note that the included article was NOT written by the person
who actually posted it to the network.  The author currently does not
have Internet access, and has had to have a friend-of-a-friend post it
for him.  See the note from Bill Higgins just after the headers below.

 From: higgins@fnalv.fnal.gov (Bill Higgins-- Beam Jockey)
 Newsgroups: sci.space.policy
 Date: 28 Jun 94 19:49:02 -0600
 Organization: Fermi National Accelerator Laboratory
 
 [Wales Larrison has been off the Net for a while and still can't post.
 But, through a friend's account, he has managed to send me a fresh
 installment of his  commercial-space newsletter.  Glad to help post
 it. This is part 1 of three parts.  --Bill Higgins]
 
 SPACE TECHNOLOGY INVESTOR/COMMERCIAL SPACE NEWS -- No. 24
 
[edited for brevity]
 3- US COMMERCIAL REMOTE SENSING POLICY FINALLY SET
    On 9 March, the Clinton administration finally released the official
 administration policy on commercial collection and sale of high-
 resolution satellite images.  This policy allows the US Department of
 Commerce to license U.S. companies to operate private remote sensing
 space systems and sell images from those systems to domestic and foreign
 customers.  Notably, it sets no limits on the resolution of imagery that
 can be sold.
    Under this policy, US firms desiring to operate such space systems
 must apply for a license from the Department of Commerce, in accordance
 with the Land Remote Sensing Policy Act of 1992.  To get a license, each
 firm must:
    - maintain a record of all satellite tasking for the previous year
 and to allow the US government access to this record.
    - operate the satellite in accord with the characteristics submitted
 in the license application (although changes can be submitted for
 approval)
    - obtain appropriate export licenses for foreign sales of data or
 hardware.  This specifically includes transfer of export sensitive
 components, subsystems, and information concerning remote sensing space
 capabilities which are on the US Munitions Control List.  Transfer of
 such sensitive technology can be made available to foreign entities only
 on the basis of a government-to-government agreement.
[*****************************************************************]
    - use only approved encryption devices, since the US government
 retains the right to deny unauthorized access to this data to others
 during periods when national security, international      obligations
 and/or foreign policies may be compromised (as provided for under the
 LRS Policy Act).
[*****************************************************************]
    - use a data downlink format that allows the US Government access and
 use of the data during periods when national security, international
 obligations and/or foreign policies may be      compromised (also as as
 provided for in the Act).
    - allow the US government to limit data collection and/or
 distribution when national security or international obligations and/or
 foreign policies may be compromised.  Such a limitation may only be
 imposed when the Secretary of Defense or the Secretary of State, and the
 Secretary of Commerce agree to this.  Any such decision can be appealed
 directly to the President.
    - Pursuant to the Land Remote Sensing Policy Act of 1992, licensees
 must notify the government of intentions to enter to significant
 agreements with foreign customers.
    Under these policy guidelines, a license to Lockheed for a high-
 resolution space remote sensing satellite was granted on 22 March.
    [Commentary:  I was starting to wonder if any more of the commercial
 remote sensing licenses would make it through the licensing system.
 Lockheed originally submitted their license application back in June of
 1993, and under the statues which govern the licensing process, they
 were supposed to have had a ruling on their license within 120 days.
    The policy apparently hung up until the National Security Council (in
 particular the State Department, DoD, and CIA) could come to an
 agreement about how to handle such data in times of crisis.  The concern
 expressed was legitimate -- similar data could have compromised US and
 allied forces during another situation like Saddam's War in Kuwait/Iraq.
 During that crisis, SPOT and Landsat voluntarily limited access to data
 from the Middle East -- but everyone involved recognized some procedure
 needed to be agreed upon and put in place rather having to work the
 situation on an ad-hoc basis.
    The commercial firms planning for high-resolution commercial remote
 sensing systems seem to fairly pleased with the new policy, and other
 announcements of license filings are rumored to be in the works.  (See
 below.)]