By
Stewart Baker
(sbaker@steptoe.com)

Michael Hintze
(mhintze@steptoe.com)

November 1997

Attached below is a statement by House Rules Committee Chairman Gerald Solomon (R-NY). Rep. Solomon indicates his strong opposition to the SAFE bill, stating that it will jeopardize the safety of the American people. Because of his position as Chairman of the powerful Rules Committee, Rep. Solomon is in a position to determine which encryption bill - if any - will go to the floor. This is another indication that we are unlikely to see much further progress on encryption legislation during the remainder of this session.

This statement also appears to be the first effort to link crypto decontrol to campaign finance issues -- by suggesting that wealthy software companies are corrupting the process by using their money to push policies that are against the interests of the American people.

Congressional Record: October 28, 1997 [Page E2108]

ENCRYPTION POLICY - AMERICA'S POLICE OPPOSE THE SAFE ACT (H.R. 695)

HON. GERALD B.H. SOLOMON
of New York

Tuesday, October 28, 1997

Mr. SOLOMON. Mr. Speaker, if you want a perfect example of how the election process can be corrupted by using large amounts of money to enact policy which is detrimental to the interests of the American people, you need only look at H.R. 695, the SAFE Act.

The SAFE Act was drafted by and for the software industry with no consideration to the national security and public safety needs of the American people. I believe a compromise should be reached between industry's desires and the legitimate law enforcement concerns of the American people. However, Bill Gates, who is worth over $40 billion, is asking Congress to ignore the safety of the American people so he will make more money.

Today, police may conduct a search of property or intercept communications only after they prove to a judge that they have probable cause to believe that a crime may occur. We possess the capability to safeguard the status quo in criminal justice by using an encryption process called key recovery. Yet, the sponsors of H.R. 695 are unwilling to accept this compromise. In other words, H.R. 695 eliminates one of our most important law enforcement mechanisms. This is the reason virtually every police and law enforcement organization in the country opposes H.R. 695. The Drug Enforcement Agency, the FBI, the National Security Agency, the National Sheriffs' Association, the District Attorneys Associations and the Association of Chiefs of Police oppose the SAFE Act.

Justice Department officials testifying before the House Judiciary Committee stated that the SAFE Act would severely compromise law enforcement's ability to protect the American people from the threats posed by terrorists, organized crime, child pornographers, and other criminals. It is difficult enough to protect the American people from crime without making criminals' tasks any easier.

In a letter you received from our top law enforcement officials, they state that encryption bills which do not contain key recovery, such as the SAFE Act "risk great harm to our ability to enforce the laws and protect our citizens." They believe key recovery is essential "to allow police departments, attorney generals, district attorneys, sheriffs, and Federal authorities to continue to use their most effective investigative techniques, with court approval, to fight crime and espionage and prevent terrorism.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

For further information please contact L. Benjamin Ederington on Tel: + 202-429-6411, Fax: 202-429-3902 or E-mail: bedering@steptoe.com