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E-PRIVACY
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SAFE
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McCain-Kerrey
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Bill
Number:
(Note: links are to the Library of Congress bill tracking Web site, Thomas)
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S.
2067 |
H.R.
695 |
S.
909 |
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Primary Sponsor(s):
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Sen. John Ashcroft (R-MO) and
Sen. Patrick Leahy (D-VT)
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Rep. Bob Goodlatte (R-VA)
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Sen. John McCain (R-AZ) and
Sen. Bob Kerrey (D-NE)
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Domestic Controls
on encryption:
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No restriction on level of
encryption.
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No restriction on level of
encryption.
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No restriction on level of
encryption.
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Penalties
for the use of encryption in a crime:
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Fines and/or five years in
prison for first conviction, up to 10 years for second and subsequent
convictions.
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Fines and/or 10 years in prison
for first conviction, up to 20 years for second and subsequent convictions.
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Fines and/or five years in
prison for first conviction, up to 10 years for second and subsequent
convictions.
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Penalties
for breaking encrypted messages illegally or for releasing escrowed keys
to unauthorized parties:
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Makes disclosure of escrowed
keys illegal, but does not outline penalties.
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Not dealt with.
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Fines and/or five years in
prison.
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Export controls:
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No license needed to export
encryption technology.
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Allows the exportation of all
authorized encryption technology, except those specifically designed for
military and intelligence purposes, after a license obtained from the
Commerce Department.
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Allows the export of 56-bit
encryption with no key-escrow option after a license is obtained from
the Commerce Department. Permits export of stronger encryption if based
on key-escrow technology.
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Key Recovery:
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Prohibits the government from
mandating key escrow.
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Prohibits the government form
mandating key escrow.
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Prohibits the government from
mandating key escrow. Requires escrow agents to register with the Commerce
Department. Makes it a crime to release escrowed keys without a subpoena.
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Law enforcement
access to escrowed keys:
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Requires law enforcement officers
to obtain a court-issued warrant.
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Requires law enforcement officers
to obtain a court-issue warrant.
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Requires law enforcement officers
to obtain a court-issue warrant.
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Creation of
a center to help law enforcement deal with encrypted messages?
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yes
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yes
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no
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