From: Greg Broiles <gbroiles@netbox.com>
Date: Tue, 16 Sep 1997 07:45:06 +0800
To: cryptography@c2.net
Subject: National Security Committee amendments to SAFE
Message-ID: <3.0.3.32.19970915161036.00b98760@mail.io.com>
MIME-Version: 1.0
Content-Type: text/plain




Got a fax from Dellums' office this afternoon (finally!) with the
amendments from the National Security committee to SAFE - this will be on
the web at <http://www.parrhesia.com/safe-dellums.html>. 

---

AMENDMENTS TO H.R. 695
OFFERED BY MR. WELDON AND MR. DELLUMS

Strike Section 3 and insert the following:

SEC 3. EXPORTS OF ENCRYPTION.
	(a) EXPORT CONTROL OF ENCRYPTION PRODUCTS NOT CONTROLLED ON THE UNITED
STATES MUNITIONS LIST. - The Secretary of Commerce, with the concurrence of
the Secretary of Defense, shall have the authority to control the export of
encryption products not controlled on the United States Munitions List.
Decisions made by the Secretary of Commerce with the concurrence of the
Secretary of Defense with respect to exports of encryption products under
this section shall not be subject to judicial review.

	(b) LICENSE EXCEPTION FOR CERTAIN ENCRYPTION PRODUCTS - Encryption
products with encryption strength equal to or less than the level
identified in subsection (d) shall be eligible for export under a license
exception after a 1-time review, if the encryption product being exported
does not include features that would otherwise require licensing under
applicable regulations, is not destined for countries, end-users, or
end-uses that the Secretary of Commerce has determined by regulation, with
the concurrence of the Secretary of Defense, are ineligible to receive such
products, and is otherwise qualified for export.

	(c) ONE-TIME PRODUCT REVIEW - The Secretary of Commerce, with the
concurrence of the Secretary of Defense, shall specify the information that
must be submitted for the 1-time review referred to in subsection (b).

	(d) ELIGIBLE ENCRYPTION LEVELS -

		(1) INITIAL ELIGIBILITY LEVEL. - Not later than 30 days after the date of
the enactment of this Act, the President shall notify the Congress of the
maximum level of encryption strength that could be exported from the United
States under license exception pursuant to this section without harm to the
national security of the United States. Such level shall not become
effective until 60 days after such notification.

		(2) ANNUAL REVIEW OF ELIGIBILITY LEVEL - Not later than 1 year after
notifying the Congress of the maximum level of encryption strength under
paragraph (1), and annually thereafter, the President shall notify the
Congress of the maximum level of encryption strength that could be exported
from the United States under license exception pursuant to this section
without harm to the national security of the United States. Such level
shall not become effective until 60 days after such notification.

		(3) CALCULATION OF 60-DAY PERIOD. - The 60-day period referred to in
paragraphs (1) and (2) shall be computed by excluding -

			(A) the days on which either House is not in session because of an
adjournment of more than 3 days to a day certain or an adjournment of the
Congress sine die; and

			(B) each Saturday and Sunday, not excluded under subparagraph (A), when
either House is not in session.

	(e) EXERCISE OF EXISTING AUTHORITIES. - The Secretary of Commerce and the
Secretary of Defense may exercise the authorities they have under other
provisions of law to carry out this section.



Amend the title so as to read "A bill to amend title 18, United States
Code, to affirm the rights of United States persons to use and sell
encryption."

[Note - title 18 is the criminal section of the US Code. SAFE's original
title was "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."]



--
Greg Broiles                | US crypto export control policy in a nutshell:
gbroiles@netbox.com         | 
http://www.io.com/~gbroiles | Export jobs, not crypto.