From: stewarts@ix.netcom.com
Date: Sun, 15 Dec 1996 13:44:35 -0800 (PST)
To: cryptography@c2.net
Subject: Gov't Clarifes Position-Surprise!
Message-ID: <1.5.4.32.19961215201616.003aa660@popd.ix.netcom.com>
MIME-Version: 1.0
Content-Type: text/plain


Forwarded from "Fred B. Ringel" <fredr@rivertown.net> on pgp-users list:
Hi all-
	A  list member forwarded this to me and I thought it was important
enough to pass on. Its a "clarification" of the Government's
"Key-Escrow/Key Recovery" position which is apparently "worldwide" in its
intended reach. Besides the orwellian (sp?) nature of the proposal, I
personally cannot imagine how this would be enforceable. 

	Anyway, its something to ponder...how the government intends not
only to restrict privacy rights at home, but extend those restrictions
beyond our borders.

	Fred
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----Begin Forwarded Message----
>From EPIC http://www.epic.org/crypto/export_controls/draft_regs_12_96.html 

**Commerce Department Prepares Draft Encryption Export Regulations**

December 11, 1996

The Commerce Department is circulating draft regulations that differ 
sharply from earlier assurances made by the White House to relax export 
controls on strong encryption. The draft regulations state that it is the 
aim of the  Commerce Department to promote "a worldwide key management 
infrastructure with the use of key recovery and key escrow encryption 
items." The proposal contrasts with earlier assurances that encryption 
standards would be voluntary and market-driven.  
     
The regulations would amend the Export Administration Regulations (EAR) 
by imposing national security and foreign policy controls ("EI" for 
Encryption Items) on certain information security systems and equipment,      
cryptographic devices (including recoverable encryption software) and 
related technology.  

For the first time, the Administration makes clear what it means by "Key 
Recovery Encryption." The regulations state that: 

For purposes of this rule, "recovery encryption products" refer to 
encryption products (including software) which allow law enforcement 
officials to obtain under proper legal authority and without           
the cooperation or knowledge of the user, the plaintext of encrypted data 
and communications.

This is an exact description of the original Clipper encryption proposal 
that was widely opposed by Internet users and industry when it was 
announced in 1993.