ITAR, AER, and Encryption Export Archive
Files in this Archive
- decrypting_puzzle_palace.article
- John Perry Barlow's July 1992 article
"Decrypting the Puzzle Palace," describing how the NSA seeks to
dominate cyberspace. A wealth of early background material on FBI
and NSA surveillance, political moves to oppose general public
possession and use of strong encryption, and erection of export
controls against encryption.
- 961230_commerce.regs
- Commerce Department modifications to the Export
Administration Regulations which transfer "Encryption Items" over
from State Department export controls, and which contain provisions for
export of "key recovery" software.
- 961001_wh_clipper3.statement
- Oct. 10 1996 Clinton Administration key
"escrow" and crypto export policy statement. White House say it will
allow export of 56bit (still very weak) crypto if the keys are "escrowed"
in 2 years, and stronger crypto if it is escrowed now. Essentially
no serious or meaningful change in the Admin's position.
- 961001_leahy_clipper3.statement
- Sen. Leahy's criticism of the new
White House policy statement on "Clipper III".
- 960724_isoc_crypto.statement
- Statement on cryptographic technology and
the Internet, from Internet Architecture Board and Internet Engineering
Steering Group of the Internet Society (ISOC). Excerpt: "The IAB and
IESG are...disturbed to note that various governments have actual or
proposed policies on access to cryptographic technology that either:
(a) impose restrictions by implementing export controls; and/or
(b) restrict commercial and private users to weak and inadequate
mechanisms such as short cryptographic keys; and/or
(c) mandate that private decryption keys should be in the hands of
the government or of some other third party; and/or
(d) prohibit the use of cryptology entirely, or permit it only
to specially authorized organizations."
- 9606_pff_crypto.report
- "The Computer Revolution, Encryption & True
Threats to National Security"; report condemning Clinton Adminstration
encryption export policy and key "escrow" plans, by G.A. Keyworth II
and David E. Colton, for the Progress and Freedom Foundation.
Co-author Keyworth was US President Ronald Reagan's science advisor.
- brooks_crypto_061594.statement
- Jack Brooks' June 1994 Floor statement in
the HOR regarding encryption export controls
explaining how clipper policy endangers us
competitiveness in the global marketplace.
- cantwell_hr3627.analysis
- November 1993 section by section analysis of the
Maria Cantwell's bill which liberalizes export
control for information security programs and
products
- cantwell_hr3627.bill
- Cantwell's hr3627 bill amending the Export
Administartions Act of 1979
- cantwell_hr3627.faq
- c. May 1994 FAQ regarding export laws and the
Cantwell bill. Also includes a sample letter to be
sent in support.
- cantwell_hr3627.summary
- Maria Cantwell's November 1993 address before the
HOR in support of hr3627
- cerf_congress.letter
- Dr. VintonCerf's April 1993 letter to Timothy
Valentine (HOR) suggesting that export restrictions on
encryption technologies be lifted.
- clinton_gore_export.speech
- Feb 1993 remarks by Clinton and Gore to
Silicon Graphics employees who expressed their
interest in solving the export debate
- cpsr_export.statement
- summary of the july 1993 CPSR statement calling
for a complete overhaul in the government's
information classification system
- crypto-policy_doe_94.report
- File containing December 1, 1993 report
(revised January 30, 1994) "Cryptography: Policy and Technology
Trends", a report written under contract and supported in part by the US
Department of Energy. The report discusses the fight between law
enforcement / national security agencies, who would like to keep strict
control of over civilian encryption, and industry / individuals /
privacy rights advocates, who wish to expand their ability to distribute
and use cryptographic products as they please. The report also
analyzes the trends in encryption technology, markets, export controls,
and legislation. Very good, unbiased approach to the issue.
- crypto_abernathy.article
- Joe Abernathy's June 1992 article describing
why law enforcement agencies fear the
development of strong cryptographic programs.
- cryptusa.paper
-
- cryptusa_paper.ps.gz
- gzip-compressed PostScript version of cryptusa.paper.
- demberger_v_odtc_crypto_export.letters
-
- doc-bea_crypto_survey.old
- Dept. of Commerce's Bureau of Export
Administration issued this cryptography-related survey in early 1995 as
part of the research effort for the Clinton Administration's upcoming
report on encryption export.
- dos_itar_personal_exemption.notice
- State Dept. creates much-needed
"personal use examption" to ITAR crypto export rules. That's right - US
citizens no longer have to register as international arms dealers when
travelling with laptops containing PGP, Folder Bolt or Word Perfect.
(Feb. 1996).
- dpswg_president_eff.letter
- letter from the Digital Privacy and Security
Working Group sent to the White House 12/06/93, urging the
Administration to lift export controls on DES, RSA and other mass
market encryption without requring legislation.
- e-commerce_wh_19961211.paper
- draft report, "A Framework for Global
Electronic Commerce" by Sr. White Policy Advisor Ira Magaziner, in
which a more moderate view on encryption policy is offered, Internet
Taxes are opposed, and Internet content censorship is to be avoided. It
is obvious that not everyone within the US Administration agrees with
Magaziner.
- eff_nrc_crypto_study_steele_041295.testimony
- April 12, 1995 testimony of
Shari Steele, Director of Legal Services at EFF, before
the Committee to Study National Cryptography Policy of the National
Research Council.
- export_bitnet_legal.letter
-
- export_otpa_legal.letter
- This letter from Bill Clements, Director of
the Office of Technology and Policy Analysis,
Commerce Department, to the BITNET management
explains their obligations and their members'
obligations under the export laws, regarding
exports of technical data and/or software over
an international network
- export_bitnet_legal.letter
- This letter from BITNET's lawyers explains a
few more issues that were not clearly
addressed in the above OTPA letter.
- gtda_export.regulations
- General License GTDA regulations, including FAQ
This document contains the licensing regulations for
General Technical Data exportable to All
destinations (GTDA). It is followed by a
question-and-answer guide written by the Commerce
Department to help explain their often confusing
regulations. [This is the Commerce Dept. equivalent
of the State Dept.'s ITAR regulations. Crypto
material that State does not categorize as
ITAR-subject "defense articles" is in Commerce
GTDA [and other] jurisdiction.
- hamilton_eff_industry.letter
- Feb 1994 letter from industry
representatives to Lee Hamilton and others in
the HOR expressing strong support for hr3627
- harris_export.statement
- Dr Martha Harris' feb 1994 statement announcing
measures arising from the Administration's
decision to reform export control procedures
involving encryption.
- hr361_95.bill
- "Omnibus Export Administration Act" (as of 1995). Status:
Passed by the House. Amended Sept. 1996 in Senate with an
anti-encryption measure (which is expected to be gutted before passage,
if passage happens at all).
- hr361_96_anti-crypto.amend
- Clinton Administration amendment to HR361,
Sept. 1996. Amendment seeks to preclude *all* judicial review of
crypto export, and to move jurisidiction over crypto export from State
to Commerce Dept., in an attempt to evade accountability under 3 federal
constitutional lawsuits against the ITAR and AECA crypto export
restrictions.
- hr361_96_amend_gilmore.letter
- Letter of EFF co-founder John Gilmore to
Rep. Nancy Pelosi (D-CA) of the Intelligence Committee, seeking her
action to stop the Adminstration's anti-crypto amendment to HR361.
- hr3627_activism.article
- proof that activism works! c.Feb 1994 example
of how letter writing campaigns can effect the
actions of representatives.
- hr3937_crypto-stripping.amendment
- No Description
- hr3937_crypto.excerpt
- excerpt from hr3627/3937 dealing with its effects on
other acts
- hr3937_intell_cmte.report
- June 1994 report accompanying hr3627 from Rep.
Glickman in the Select Committee on Intelligence
recommending passage of hr3627/3937 with noted
amendments
- hr_crypto_960515.letter
- Letter from Rep. Goodlatte (and over 20 other
Representatives) to Clinton Administration urging relaxation of crypto
export controls and abandonment of Clipper III "key escrow" proposals.
Also includes Goodlatte press release regarding the letter.
- hr_crypto_960515_letter_eff.statement
- Brief EFF statement on the House
letter to Clinton demanding abandonment of "key escrow" and urging
relaxation of export controls. (Also includes a copy of the letter).
- hr_export_hearing_93.summary
- October 1993 notes from the House hearing
on cryptography and export controls.
- industry_opinion.article
- June 1992 article describing CPSR conference in
which current export regulations were severley
criticized
- itar_export_1993.regulations
- July 1993 official amendments to the Arms
Export Control Act
- itar_registry_govt.document
- the cover letter and instruction booklet you
receive when you write/fax for information on
Defense Trade Registration. July 1993
- lewis_960911_escrow.article
- Peter Lewis column on "Clipper II" key escrow
and Clinton Administration crypto export policy. Good backgrounder if
you're new to the issue.
- make_cjr.kit
- Attorney Lee Tien's kit for making Commodity Jurisdiction
Requests for cryptographic items (you file such a request to,
if you are lucky, move jurisdiction over your crypto product
from the State Dept. with it's harsh ITAR regulations, to the
Commerce Dept. with its more lax GTDA regs.)
- non-us_crypto_spa.report
- articles which appeared in a special
government affairs section on cryptography in the
April 1994 issue of the Software Publishers
Association (SPA) news dealing with the foreign
availability of crytography
- nsa_3des_export_denial_0396.letter
- Letter from State Dept.'s Office of
Defense Trade Controls (controled by the National Security Agency)
denying Phil Karn approval to export software that supports Triple-DES
encryption. Interesting especially for 3 reasons: The export has nothing
to do with public distribution, but was requested to provide security
for the foreign, but US-staffed and owned, branch of a US company; such
export denial was threatened if the X9 Committee which establishes
banking security standards settled on 3DES instead of Clipper - NSA is
making good on its threats; and the 3DES export denial portion of the
form response appears to be a standard part of the form now (in other
words, NSA/DoS may be routinely denying all 3DES exports.)
- nsa_abernathy.answers
- June 1992 NSA answers to many questions posed to
them by Joe Abernathy about cryptography
- ota_priv_sec.report
-
- ota_priv_sec_report.summary
-
- pretty_good_hero.article
- lance rose's november 1993 article about
Zimmermann, PGP and how PGP works, bidzos'
attempt to suppress distribution of pgp, ViaCrypt,
RSAREF, DES and the rest
- tis_walker_export_101293_hr.testimony
- Stephan Walker's (TIS) October
1993 testimony before the subcommittee on economic policy, trade and
environment regarding the negative impact that US export control
regulations on cryptography are having on the information system
software industry.
- us_crypto-policy.faq
- Michael Johnson's 1994 in depth FAQ-like discussion of
data encryption software and technical data
controls in the US
- wiretap_crypto_gao.report
- November 1993 GAO report on communications
privacy and the federal policy and actions
surroundng the issue. specifically, it addresses
whether federal policies negatively affect US
corporations' ability to protect themselves
against economic espionage.
- zimmermann_export_101293.testimony
- Phillip (PGP) Zimmermann's Oct. 1993
testimony before the
subcommittee on economic policy, trade and
the environmnet discussing the need to
change US export control policy for
cryptographic software.
Subdirectories in This Archive
- 2000_export_policy/
- Directory of information on encryption export policy
in 2000, including new BXA regs, stemming from changes announced in
mid-1999.
- 1999_export_policy/
- Directory of information on encryption export policy
in 1999, including the government's take on the "new" liberalization
iniative and the text of the proposed "Cyberspace Electronic Security
Act".
- 1998_export_policy/
- Directory of info on encryption export policy and
legislation in 1998.
- Bernstein_case/
- Documents from the EFF & Bernstein v. US Dept. of State
lawsuit, in which we challenge the constitutionality of the ITAR crypto
export restrictions. This case is similar to the Karn case.
- Crypto_bills_1996/
- Crypto, Pro-CODE, ECPA-2 & SAFE (`96-7)
Crypto Legislation)
- HTML/
- A June 1996 article entitled THE COMPUTER REVOLUTION,
ENCRYPTION AND TRUE THREATS TO NATIONAL SECURITY by G. A. Keyworth,
II, and David E. Colton, Esq. along with the footnotes.
- ITAR_FOIA/
- directory of info on the [un]constitutionality of the ITAR
export restrictions on cryptography, obtained via the Freedom of
Information Act, incl. admissions from govt. lawyers that ITAR
is unconstitutional.
- Karn_Schneier_export_case/
- directory of documents from the "Applied
Cryptography" book + disk export case (book by
Schneier, disk by Karn). The obtuseness of
the Executive branch is truly stunning in this
one. Very similar to the Bernstein case.
- Kerberos_export_case/
- directory of docs from the Kerberos security
program (stripped version) export case, put forward by
Cygnus in an attempt to get export permission for
this "barebones" version of Kerberos. This case
revolves around "technical data" rather than
"cryptographic" export restrictions.
Related On-Site Resources
- Junger v. Dept of State
- PETER D. JUNGER v. DEPARTMENT OF
STATE, OFFICE OF DEFENSE TRADE CONTROLS, & NATIONAL SECURITY AGENCY case.
Junger claims the ITAR and AECA export restrictions on encryption
(particularly the absurdly broad definition of 'export', which includes
"disclosing" to foreigners, unconstitutionally restricts Jungers First
Amendment rights to teach a class in which cryptography is detailed,
if a foreign student is present.
- Key Escrow archive
- The US Administration's
"Clipper 2" effort - commercial key escrow (the "stick" for which is
export controls on encryption).
- Phil Zimmermann / PGP case
- Grand jury
investigation against Phil Zimmermann and others allegedly associated with
distributing "Pretty Good Privacy", an encryption program, via the
Internet.
- Bibliography on ITAR and First Amendment issues
- June 1993 letter from Lee Tien to Clyde Bryant
with a list of law review articles to help in
Bryant's review of ITAR.
- House hearings about the ITAR and the First Amendment
- Transcript of hearings before a subcommittee of
the House Comittee on Government
Operations. It is especially interesting
for the two items it includes in the
report; one memo shows that the Office of
Legal Counsel concluded that ITAR was
unconstitutional, and some testimony
indicates that the State Department and
the President may have ignored possibly
binding legal advice from the OLC.
Feb-Aug 1980
-
1996 & 1997 ECPA SAFE ProCODE bills
- Directory of info on encryption legislation
introduced in 1996 and 1997, including the Encrypted
Communications Privacy Act (EPCA2), Promotion of Commerce Online with
Digital Encryption Act (ProCODE), and Security and Freedom through
Encryuption Act (SAFE). All of these bills were introduced to ease
export restriction on encryption software. However, as of Sept. 1997,
all were derailed, either being killed outright, or replaced with their
Orwellian opposites designed to increase export controls, introduce
import controls, and force mandatory key surrender.
Links to Related Off-Site Resources
- EFF Boardmember John Gilmore's Crypto Export
WWW Pages
- Electronic Privacy Info.
Center's Encryption Policy pages
- CDT's Crypto Pages
-
The Computer Revolution, Encryption & True
Threats to National Security
- (HTML version of) report condemning Clinton Adminstration
encryption export policy and key "escrow" plans, by G.A. Keyworth II
and David E. Colton, for the Progress and Freedom Foundation.
Co-author Keyworth was US President Ronald Reagan's science advisor.