Congress may close spooks' back door

A FRESH bid to relax American legislation on the export of encryption software has been launched with a proposed bill in the US Congress. The radical Pro-CODE bill has more public support than earlier bills from both Democrats and Republicans. Its backers include Bob Dole, who is the Senate majority leader and Republican presidential candidate.

At present, there are severe restrictions on the ability of American com-panies to sell strong encryption soft-ware abroad, because it is classed as munitions. An earlier proposal from the American government, known as the Clipper chip scheme, offered the promise of robust, freely exportable encryption, but also provided a "back door" so that American law enforcement and security agencies would be able to unscramble communications. It generated a storm of protest and the proposal was shelved.

The Pro-CODE bill would allow the free export of all encryption software except that designed specifically for military use. It would not allow the government to require that the software be compromised by the inclusion of a "back door".

Despite winning support from politicians, high-tech industries and Internet users, the bill faces substantial opposition. "The intelligence and law enforcement communities are very good at opposing this kind of legislation in 'executive session' where members of the public and industry can't attend," says Jim Bidsos, head of RSA Data Security, the leading manufacturer of encryption software in the US. "My feeling is that it is not likely that the bill will be approved as is."

Even so, Bidsos maintains that the bill is an important first step. "This is an important message to the administration from the computer industry in California, which is a key electoral state," he says. "Though we won't get what we want right away, this is the beginning of the end for the current export regime."

David Brake

From New Scientist, 18 May 1996

© Copyright IPC Magazines 1996