17 July 2000
http://www.whitehouse.gov/library/hot_releases/July_17_2000_1.html
THE WHITE HOUSE
Office of the Press Secretary
(Camp David, Maryland)
_______________________________________________________________
For Immediate Release July 17, 2000
STATEMENT BY THE PRESS SECRETARY
Administration Updates Encryption Export Policy
Today, the Administration is updating its policy for encryption exports to
the European Union and other key trading partners, thus assuring continued
competitiveness of U.S. industry in international markets.
Under the new policy, U.S. companies can export under license exception (i.e.,
without a license) any encryption product to any end user in the 15 nations
of the European Union as well as Australia, Norway, Czech Republic, Hungary,
Poland, Japan, New Zealand and Switzerland. Previous distinctions between
government and non-government end users are removed for these countries.
Further, U.S. exporters will be permitted to ship their products to these
nations immediately after they have submitted a commodity classification
request for their product to the Department of Commerce. Exporters no longer
have to wait for a completed technical review or incur a 30-day delay to
ship their encryption products to customers in these nations.
These updates track with recent regulations adopted by the European Union
that ease encryption exports to the same countries. Consistent with the
Administration?s January 2000 commitment, U.S. companies can continue to
compete effectively in these markets.
The steps announced today continue our policy to serve the full range of
national interests: promote electronic commerce, support law enforcement
and national security, protect privacy, and maintain U.S. industry leadership
in security technologies.
# # #
Date: Mon, 17 Jul 2000 17:43 -0400
From: The White House
<Publications-Admin@pub.pub.whitehouse.gov>
To: Public-Distribution@pub.pub.whitehouse.gov
Subject: 2000-07-17 Statement by VP Al Gore on Encryption Export Policy
THE WHITE HOUSE
Office of the Vice President
_______________________________________________________________
For Immediate
Release
July 17, 2000
STATEMENT BY VICE PRESIDENT AL GORE
ON ADMINISTRATION ACTION TO UPDATE ENCRYPTION
EXPORT POLICY TO THE EUROPEAN UNION
In September, 1998, I announced a series of steps we were taking to update
the Administration's encryption policy. Our work, which grew out of
discussions between government and American industry, law enforcement and
privacy advocates, was designed to promote electronic commerce will protecting
our national interests in law enforcement, privacy and national security.
Today, that mission continues with an important announcement regarding encryption
exports to the European Union and other nations. The new policy strips away
review requirements and other restrictions that serve to inhibit the ability
of American businesses and workers to compete in the global marketplace.
While ensuring our competitiveness, this policy continues to preserve our
ability to fight crime, protect individual privacy and enhance the security
of our nation.
###
http://www.whitehouse.gov/library/hot_releases/July_17_2000.html
ASSURING SECURITY AND TRUST IN CYBERSPACE
July 17, 2000
White House Chief of Staff John Podesta, in a speech today at the National
Press Club, proposed important new measures to assure the security and trust
of Americans in cyberspace. His speech emphasized the themes of updating
law enforcement authorities for the Internet age, harmonizing the rules that
apply to different technologies such as telephones and e-mail, and balancing
important values. He proposed legislation that would give law enforcement
important new tools to pursue criminals through cyberspace while also boosting
citizens? fundamental rights to privacy in the electronic age. Mr. Podesta
also announced new rules that will update encryption export controls.
A FRAMEWORK FOR SECURITY AND TRUST IN CYBERSPACE
-
Private sector leadership. As emphasized at the White House Cyber Security
Summit in February, the private sector, which owns and operates most of the
computers that Americans rely upon, has the responsibility to lead in computer
and network security.
-
Government as a model citizen. The federal government will continue to make
itself a model for information security and privacy practices.
-
Public-private partnership. The federal government will continue to work
in partnership with the private sector to build security and trust in online
activities, as set forth in the National Plan for Information Systems Protection
issued earlier this year.
-
Preserving fundamental values, even as technology changes. These values include
protecting public safety, privacy and civil liberties; improving the quality
of life for all Americans, such as through the promotion of electronic commerce
and elimination of the digital divide; and furthering the educational and
free speech potential of the Internet.
UPDATING TELEPHONE-ERA LAWS FOR THE INTERNET AGE
In certain specific instances, laws written for the telephone era will need
to be updated for the Internet age. Key provisions of the legislation:
-
Modernize outdated telephone-era language. Current law uses outmoded terms
such as "phone lines" and hardware "devices." The proposed legislation would
apply to other forms of electronic communication and apply equally to hardware
and software.
-
Harmonize the standards for intercepting electronic, wire, and cable
communications. Current law has widely varying rules for when law enforcement
can intercept a communication, depending on whether an individual uses e-mail,
a phone call, or a cable modem. The proposal would raise the legal standard
for intercepting e-mails to the longstanding and strict rules that apply
to intercepting telephone calls. For the first time, court orders authorizing
interceptions of e-mails could be applied for only after high-level approval
and only for serious crimes. Violations of these rules would lead to suppression
of evidence in court. At the same time, the rules that apply to the growing
use of cable modems would also be harmonized to the telephone standard, while
preserving the current, especially strict rules limiting government access
to cable television viewing records.
-
Create a balanced updating for "trap and trace" orders. "Trap and trace"
orders allow law enforcement to identify who is calling or using an electronic
means to contact an individual. The proposal would allow law enforcement
to respond more effectively to computer attacks by stating that only one
such order is needed to trace a call or Internet session back to its source
through multiple carriers. (Just as today, such an order could not be used
to intercept the contents of communications protected by the wiretap statute.)
Tracing would be permitted without prior approval by a court in an emergency,
such as when a computer system is actually under attack. On the other hand,
to assure that such orders are issued only when appropriate, federal and
state judges for the first time would independently review the factual basis
for issuing such orders.
-
Strengthen the computer hacking law. The Computer Fraud and Abuse Act should
be strengthened to take account of the full range of damages caused by computer
attacks. Multiple small attacks should also be treated as one large attack.
To match the punishment to the crime, mandatory jail time should be eliminated
for less serious attacks. Violations of the Act could result in civil or
criminal forfeiture.
-
Improve sanctions against illegal wiretapping. The proposal would increase
penalties for violations of wiretapping laws. Illegally intercepted
communications could be used in court, but only to prove the guilt or innocence
of a person accused of illegal wiretapping activity.
-
Juvenile offenders. For serious computer attacks, federal prosecutors should
have jurisdiction over juvenile offenders. In such cases, offenders would
still be treated as juveniles.
UPDATING ENCRYPTION EXPORT POLICY
Today, the Administration is updating its policy for encryption exports to
the European Union and other key trading partners to assure continued
competitiveness of U.S. industry in international markets.
-
License exception. Under the new policy, U.S. companies can export under
license exception (i.e., without a license) any encryption product to any
end user in the 15 nations of the European Union as well as Australia, Norway,
Czech Republic, Hungary, Poland, Japan, New Zealand and Switzerland. Previous
distinctions between government and non-government end users are removed
for these countries. Further, U.S. exporters will be permitted to ship their
products to these nations immediately after submitting a commodity classification
request to the Department of Commerce, instead of waiting for a completed
technical review or incurring a 30-day delay.
# # #