Date: Tue, 10 Mar 1992 17:47:59 -0500 From: dbanisar@washofc.cpsr.org Subject: File 6--CPSR Response to FBI Proposal CPSR letter on FBI Proposal CPSR and several other organizations sent the following letter to Senator Patrick Leahy regarding the FBI's recent proposal to undertake wire surveillance in the digital network. If you also believe that the FBI's proposal requires further study at a public hearing, contact Senator Hollings at the Senate Committee on Commerce. The phone number is 202/224-9340. Dave Banisar, CPSR Washington Office ==================================================== March 9, 1992 Chairman Patrick Leahy Senate Subcommittee on Law and Technology Committee on the Judiciary United States Senate Washington, DC 20510 Dear Senator Leahy, We are writing to you to express our continuing interest in communications privacy and cryptography policy. We are associated with leading computer an telecommunication firms, privacy, civil liberties, and public interest organizations, as well as research institutions and universities. We share common concern that all policies regarding communications privacy and cryptography should be discussed at a public hearing where interested parties are provided an opportunity to comment or to submit testimony. Last year we wrote to you to express our opposition to a Justice Department sponsored provision in the Omnibus Crime Bill, S. 266, which would have encouraged telecommunications carriers to provide a decrypted version of privacy-enhanced communications. This provision would have encouraged the creation of "trap doors" in communication networks. It was our assessment that such a proposal would have undermined the security, reliability, and privacy of computer communications. At that time, you had also convened a Task Force on Privacy and Technology which looked at a number of communication privacy issues including S. 266. The Task Force determined that it was necessary to develop a full record on the need for the proposal before the Senate acted on the resolution. Thanks to your efforts, the proposal was withdrawn. We also wish to express our appreciation for your decision to raise the issue of cryptography policy with Attorney General Barr at his confirmation hearing last year. We are pleased that the Attorney General agreed that such matters should properly be brought before your Subcommittee for consideration. We write to you now to ask that you contact the Attorney General and seek assurance that no further action on that provision, or a similar proposal, will be undertaken until a public hearing is scheduled. We believe that it is important to notify the Attorney General at this point because of the current attempt by the administration to amend the Federal Communications Commission Reauthorization Act with provisions similar to those contained in S. 266. We will be pleased to provide assistance to you and your staff. Sincerely yours, Marc Rotenberg, Computer Professionals for Social Responsibility David Peyton, ITAA Ira Rubenstein, Microsoft Jerry Berman, Electronic Frontier Foundation Mike Cavanagh Electronic Mail Association Martina Bradford, AT&T Evan Hendricks, US Privacy Council Professor Dorothy Denning, Georgetown University Professor Lance Hoffman, George Washington University Robert L. Park, American Physical Society Janlori Goldman, American Civil Liberties Union Whitfield Diffie, Sun Microsystems John Podesta, Podesta and Associates Kenneth Wasch, Software Publishers Association John Perry Barlow, Contributing Editor, Communications of the ACM David Johnson, Wilmer, Cutler & Pickering cc: Senator Joseph R. Biden, Jr Senator Hank Brown Senator Ernest F. Hollings Senator Arlen Specter Senator Strom Thurmond Representative Don Edwards Attorney General Barr Chairman Sikes, FCC Downloaded From P-80 International Information Systems 304-744-2253