15 December 1999
Source: http://www.usia.gov/cgi-bin/washfile/display.pl?p=/products/washfile/latest&f=99121401.clt&t=/products/washfile/newsitem.shtml


US Department of State
International Information Programs

Washington File
_________________________________

14 December 1999

Commerce Statement on Delay of Encryption Regulations

     (Reinsch cites need for further consultations) (395)

     The Clinton administration has postponed the release of new
     regulations for the export of U.S. encryption software until January
     14.

     The administration had planned to issue the new regulations on the
     data-scrambling software exports on December 15, but chose to delay
     the release to "permit further consultations with affected parties,"
     said Under Secretary of Commerce William Reinsch in a statement issued
     late December 13. Reinsch heads Commerce's Bureau of Export
     Administration, which overseas U.S. export controls.

     A draft of the proposed regulations was released November 19, as a
     follow-up to a September announcement that U.S. encryption export
     policy would be updated to meet the needs of the U.S. industry to be
     globally competitive, while providing for national security
     protections.

     "Given the significant changes since the November 19 draft, we believe
     there would be real benefit to another round of review and
     consultations," Reinsch said.

     The proposed changes, especially in the area of source code and
     encryption development toolkits, have gone further than promised in
     September, Reinsch added, "and that is another reason for this
     review."

     Following is the text of Reinsch announcement:

     (begin text)
      
     Bureau of Export Administration
     U. S. Department of Commerce
     Washington, D.C.
     December 13, 1999
                  
     Statement of Commerce Under Secretary William A. Reinsch On Delay of
     Encryption Regulation

     The Administration decided today to delay the release of its pending
     regulation on encryption exports no later than January 14, 2000 to
     permit further consultation with affected parties. The consultations
     we have had with various companies, industry groups and privacy
     organizations have been very valuable in helping determine how to
     match the pending regulations to industry practices in a manner
     consistent with our September 16 announcement.

     Given the significant changes since the November 19 draft, we believe
     there would be real benefit to another round of review and
     consultations before we issue the regulation. In responding to
     specific business cases brought to us by industry, especially in the
     area of source code and encryption development toolkits, we have gone
     further in the regulation than we promised in September, and that is
     another reason for this review.

     We expect to circulate another draft for comment shortly.

     (end text)

     (Distributed by the Office of International Information Programs, U.S.
     Department of State.)


From: rodger@att.net
To: cryptography@c2.net
Subject: White House floats yet another crypto policy
Date: Wed, 15 Dec 1999 03:04:06 +0000

From: http://www.usatoday.com/life/cyber/tech/ctg899.htm

White House ready to relent on crypto

By Will Rodger, USATODAY.com

Clinton Administration officials said Tuesday they intend to further relax export controls over Internet privacy technologies.

The action comes in the wake of protests lodged by industry and congressional critics alike since the White House released its last proposal Nov. 19.

Critics complained then that the White House had back-tracked on a Sept. 16 announcement that seemed to promise liberalization across the board.

Commerce Undersecretary William Reinsch said Tuesday that his department is preparing new drafts that should address the disputed items. "These are drafts that we intend to share with industry. We’ll be getting those to them shortly."

Large Internet companies including Cylink Corp., America Online and RSA Inc. have long pushed for further export liberalization in order to increase sales abroad. Liberalization, they argue, will not just increase US sales, but add greater security to an Internet which is increasingly subject to attacks by hackers and thieves.

But the FBI and National Security Agency have long encouraged the restrictions because they fear that criminals, spies and terrorists use encryption to thwart their eavesdropping efforts. Those arguments have been seriously undermined by the rapid growth of overseas encryption makers, many of which can produce products equal to the best the US has to offer.

The new proposal would:

--Relax regulations that previously restricted sales to telecom companies with government investors.

-- Treat online and telephone sales of encryption software the same as products sold through brick-and-mortar stores.

-- Let developers of encryption development tools sell their wares abroad without going through an often-cumbersome licensing process.......