Burns Press Release For immediate release: Thursday, March 28, 1996 Contact: Matt Raymond (202) 224-8150 Randall Popelka (202) 224-6137 Burns Has "CODE" for E-Commerce Legislation Opens Internet for Commerce, Protects Intellectual Property WASHINGTON, D.C. Montana Senator Conrad Burns today announced the introduction of legislation designed to promote electronic commerce on the Internet, protect intellectual property rights and put American software companies on a level playing field with their foreign competitors. Dubbed the Promotion of Commerce On-Line in the Digital Era, or "PRO-CODE," Act, the bill would end the imposition of government-designed encryption (mathematical codes used for computer security) standards and would promote the use of commercial encryption. Current government standards allow American software companies to export products only with a level of encryption regarded as easily defeated by "hackers." The effect has been to dampen the growth of on-line commerce and to place American companies at a competitive disadvantage with foreign firms not bound by lower standards on the export of encrypted security. "Everything I do here in Washington, D.C., I do with the interests of Montanans in mind," Burns said. "We live in a state that, from northwest to southeast, spans the same distance as from Washington, D.C., to Chicago. I can think of no better way to make our wide-open spaces feel a lot smaller than by making it easier to communicate and transact business over long distances." The PRO-CODE Act restricts the U.S. Department of Commerce from imposing government encryption standards that were not: developed by the private sector, do not provide robust security, require people to relinquish control of a decryption key, do not have widespread commercial support and acceptance, do not provide for the ability to securely interact worldwide, and do not protect the privacy of users consistent with constitutional protections. It also prohibits the department from setting de facto encryption standards through the use of export controls. In addition, the bill prohibits restrictions on the sale of commercial encryption programs and products in interstate commerce, prohibits mandatory key escrow (requiring that a decryption key be placed in the hands of a third party), and permitting the export of software and hardware if products with comparable security is commercially available from a foreign supplier. The Burns bill has strong bipartisan support and has been referred to the Senate Commerce Committee, where Burns chairs the Subcommittee on Science, Technology and Space. He announced his legislation via a phone call to the Computers, Freedom, and Privacy conference at the Massachusetts Institute of Technology in Cambridge, Mass. Burns earlier this month was the chief Senate co-sponsor of a bill sponsored by Sen. Patrick Leahy (D-Vermont), a member of the Judiciary Committee, that also addresses encryption.