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-
-
- Note: The following was released by the White House today in
- conjunction with the announcement of the Clipper Chip
- encryption technology.
-
- FACT SHEET
-
- PUBLIC ENCRYPTION MANAGEMENT
-
- The President has approved a directive on "Public Encryption
- Management." The directive provides for the following:
-
- Advanced telecommunications and commercially available encryption
- are part of a wave of new computer and communications technology.
- Encryption products scramble information to protect the privacy of
- communications and data by preventing unauthorized access.
- Advanced telecommunications systems use digital technology to
- rapidly and precisely handle a high volume of communications.
- These advanced telecommunications systems are integral to the
- infrastructure needed to ensure economic competitiveness in the
- information age.
-
- Despite its benefits, new communications technology can also
- frustrate lawful government electronic surveillance. Sophisticated
- encryption can have this effect in the United States. When
- exported abroad, it can be used to thwart foreign intelligence
- activities critical to our national interests. In the past, it has
- been possible to preserve a government capability to conduct
- electronic surveillance in furtherance of legitimate law
- enforcement and national security interests, while at the same time
- protecting the privacy and civil liberties of all citizens. As
- encryption technology improves, doing so will require new,
- innovative approaches.
-
- In the area of communications encryption, the U. S. Government has
- developed a microcircuit that not only provides privacy through
- encryption that is substantially more robust than the current
- government standard, but also permits escrowing of the keys needed
- to unlock the encryption. The system for the escrowing of keys
- will allow the government to gain access to encrypted information
- only with appropriate legal authorization.
-
- To assist law enforcement and other government agencies to collect
- and decrypt, under legal authority, electronically transmitted
- information, I hereby direct the following action to be taken:
-
- INSTALLATION OF GOVERNMENT-DEVELOPED MICROCIRCUITS
-
- The Attorney General of the United States, or her representative,
- shall request manufacturers of communications hardware which
- incorporates encryption to install the U.S. government-developed
- key-escrow microcircuits in their products. The fact of law
- enforcement access to the escrowed keys will not be concealed from
- the American public. All appropriate steps shall be taken to
- ensure that any existing or future versions of the key-escrow
- microcircuit are made widely available to U.S. communications
- hardware manufacturers, consistent with the need to ensure the
- security of the key-escrow system. In making this decision, I do
- not intend to prevent the private sector from developing, or the
- government from approving, other microcircuits or algorithms that
- are equally effective in assuring both privacy and a secure key-
- escrow system.
-
- KEY-ESCROW
-
- The Attorney General shall make all arrangements with appropriate
- entities to hold the keys for the key-escrow microcircuits
- installed in communications equipment. In each case, the key
- holder must agree to strict security procedures to prevent
- unauthorized release of the keys. The keys shall be released only
- to government agencies that have established their authority to
- acquire the content of those communications that have been
- encrypted by devices containing the microcircuits. The Attorney
- General shall review for legal sufficiency the procedures by which
- an agency establishes its authority to acquire the content of such
- communications.
-
- PROCUREMENT AND USE OF ENCRYPTION DEVICES
-
- The Secretary of Commerce, in consultation with other appropriate
- U.S. agencies, shall initiate a process to write standards to
- facilitate the procurement and use of encryption devices fitted
- with key-escrow microcircuits in federal communications systems
- that process sensitive but unclassified information. I expect this
- process to proceed on a schedule that will permit promulgation of
- a final standard within six months of this directive.
-
- The Attorney General will procure and utilize encryption devices to
- the extent needed to preserve the government's ability to conduct
- lawful electronic surveillance and to fulfill the need for secure
- law enforcement communications. Further, the Attorney General
- shall utilize funds from the Department of Justice Asset Forfeiture
- Super Surplus Fund to effect this purchase.