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Summary of Encryption Legislation
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E-PRIVACY |
SAFE |
McCain-Kerrey |
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| Bill
Number: (Note: links are to the Library of Congress bill tracking Web site, Thomas) |
S. 2067 | H.R. 695 | S. 909 |
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Primary Sponsor(s): |
Sen. John Ashcroft (R-MO) and Sen. Patrick Leahy (D-VT) |
Rep. Bob Goodlatte (R-VA) |
Sen. John McCain (R-AZ) and Sen. Bob Kerrey (D-NE) |
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Domestic Controls on encryption: |
No restriction on level of encryption. |
No restriction on level of encryption. |
No restriction on level of encryption. |
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Penalties for the use of encryption in a crime: |
Fines and/or five years in prison for first conviction, up to 10 years for second and subsequent convictions. |
Fines and/or 10 years in prison for first conviction, up to 20 years for second and subsequent convictions. |
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: |
Makes disclosure of escrowed keys illegal, but does not outline penalties. |
Not dealt with. |
Fines and/or five years in prison. |
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Export controls: |
No license needed to export encryption technology. |
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. |
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: |
Prohibits the government from mandating key escrow. |
Prohibits the government form mandating key escrow. |
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: |
Requires law enforcement officers to obtain a court-issued warrant. |
Requires law enforcement officers to obtain a court-issue warrant. |
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? |
yes |
yes |
no |
Return to Encryption: Securing the Message
