Digitalisation

Understanding Cybersecurity of Mobile Networks Act

United States · United States Congress · 15 June 2020

Understanding Cybersecurity of Mobile Networks Act This bill requires the National Telecommunications and Information Administration to examine and report on the cybersecurity of mobile service networks and the vulnerability of such networks and mobile devices to cyberattacks and surveillance conducted by adversaries. Such report shall include (1) an assessment of the degree to which providers of mobile service have addressed certain cybersecurity vulnerabilities; (2) a discussion of the degree to which such providers have implemented cybersecurity best practices and risk assessment frameworks; and (3) an estimate of the prevalence and efficacy of encryption and authentication algorithms and techniques used in mobile service and communications equipment, mobile devices, and mobile operating systems and software.

EQUITABLE ALGORITHMS: EXAMINING WAYS TO. REDUCE AI BIAS IN FINANCIAL SERVICES

United States · United States House of Representatives · 12 February 2020

Filter Bubble Transparency Act

United States · United States Congress · 31 October 2019

Filter Bubble Transparency Act This bill establishes requirements for large online platforms that use algorithms applying artificial intelligence or machine learning to user-specific data to determine the manner in which content is displayed to users. Specifically, if an online platform applies such techniques to user-specific data that is not expressly provided by the user, the platform must (1) notify users that the platform uses such data, and (2) make a version of the platform available that uses only user-specific data that has been expressly provided by the user and which enables users to switch between the two platforms. These requirements do not apply to search engines operated by downstream providers with fewer than 1,000 employees and that have an agreement to access an index of web pages from an upstream provider. However, the bill requires such upstream providers to make their algorithm available to downstream providers as part of such an agreement.

National Commission on Online Platforms and Homeland Security Act

United States · United States Congress · 22 October 2019

National Commission on Online Platforms and Homeland Security Act This bill establishes the National Commission on Online Platforms and Homeland Security to address content on online and social media platforms that implicates national security concerns. Specifically, the commission shall identify, examine, and report on the ways online platforms have been used in furtherance or support of targeted violence or covert foreign state influence campaigns and how addressing such uses impacts users' free speech, privacy, civil rights, and civil liberties. Consistent with these purposes, the commission must analyze (1) online platforms' responses to such usage; (2) the impacts of algorithms and automated decision-making systems on the rights and privacy of users; and (3) the extent to which online platforms have transparent, consistent, and equitable policies and procedures to address violations of platform rules. The commission must then develop recommendations for how online platforms could address improper use through methods that are transparent and accountable while continuing to promote free speech and innovation on the internet and preserving individual privacy and civil rights. Additionally, the Department of Homeland Security must (1) research whether any connection exists between the use of online platforms and targeted violence; and (2) develop voluntary approaches that could be adopted by online platforms to address any correlations found while still preserving the individual privacy, civil rights, and civil liberties of users.

Justice in Forensic Algorithms Act of 2019

United States · United States Congress · 17 September 2019

Justice in Forensic Algorithms Act of 2019 This bill establishes federal standards and procedures for the use of computational forensic software. ( Computational forensic software refers to software that relies on an automated or semiautomated computational process to process, analyze, or interpret evidence.) It also prohibits the use of trade secret protections to prevent criminal defendants from accessing evidence. First, the National Institute of Standards and Technology (NIST) must establish the Computational Forensic Algorithm Standards for the development and use of computational forensic software. These standards must, among other things, address requirements related to software testing and reporting to criminal defendants on the use and results of software in their cases. Further, NIST must establish the Computational Forensic Algorithm Testing Program. The testing program must, among other things, test individual software programs using NIST standards. Federal law enforcement agencies and related crime laboratories must comply with these NIST standards and testing requirements in their use of computational forensic software. In addition, criminal defendants must receive information resulting from analysis by computational forensic software, including access to the software for testing purposes. Evidence resulting from computational forensic software is only admissible in a criminal case if (1) the software was submitted to the NIST testing program, and (2) the software developers and users waive their legal claims against the defense for the purposes of the defense analyzing or testing such software. The bill also prohibits the use of trade secret protections when a criminal defendant would otherwise be entitled to obtain evidence.

Biased Algorithm Deterrence Act of 2019

United States · United States Congress · 11 January 2019

Biased Algorithm Deterrence Act of 2019 This bill provides that an owner or operator of a social media service shall be treated as a publisher or speaker of user-generated content (and, therefore, may potentially be held liable with respect to such content) if  the service or its algorithm does any of the following: displays user-generated content in an order that is not chronological; delays the display of such content relative to other content; or hinders the display of such content for reasons other than to carry out the user's direction or to restrict material that the provider or user considers obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable.

Biased Algorithm Deterrence Act of 2018

United States · United States Congress · 20 December 2018

Biased Algorithm Deterrence Act of 2018 This bill provides that an owner or operator of a social media service shall be treated as a publisher or speaker of user-generated content (and, therefore, may potentially be held liable with respect to such content) if  the service or its algorithm does any of the following: displays user-generated content in an order that is not chronological; delays the display of such content relative to other content; or hinders the display of such content for reasons other than to carry out the user's direction or to restrict material that the provider or user considers obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable.

ALGORITHMS: HOW COMPANIES' DECISIONS ABOUT DATA AND CONTENT IMPACT CONSUMERS

United States · United States House of Representatives · 29 November 2017

American Super Computing Leadership Act

United States · United States Congress · 11 February 2015

American Super Computing Leadership Act Amends the Department of Energy High-End Computing Revitalization Act of 2004 with respect to: (1) exascale computing (computing system performance at or near 10 to the 18th power floating point operations per second), and (2) a high-end computing system with performance substantially exceeding that of systems commonly available for advanced scientific and engineering applications. Directs the Secretary of Energy (DOE) to: (1) coordinate the development of high-end computing systems across DOE; (2) partner with universities, National Laboratories, and industry to ensure the broadest possible application of the technology developed in the program to other challenges in science, engineering, medicine, and industry; and (3) include among the multiple architectures researched, at DOE discretion, any computer technologies that show promise of substantial reductions in power requirements and substantial gains in parallelism of multicore processors, concurrency, memory and storage, bandwidth, and reliability. Repeals authority for establishment of at least one High-End Software Development Center. Directs the Secretary to conduct a coordinated research program to develop exascale computing systems to advance DOE missions. Requires establishment through competitive merit review of two or more DOE National Laboratory-industry-university partnerships to conduct integrated research, development, and engineering of multiple exascale architectures. Requires the Secretary to conduct mission-related co-design activities in developing such exascale platforms. Defines "co-design" as the joint development of application algorithms, models, and codes with computer technology architectures and operating systems to maximize effective use of high-end computing systems. Directs the Secretary to develop any advancements in hardware and software technology required to realize fully the potential of an exascale production system in addressing DOE target applications and solving scientific problems involving predictive modeling and simulation and large-scale data analytics and management. Requires DOE also to explore the use of exascale computing technologies to advance a broad range of science and engineering. Directs the Secretary to submit to Congress an integrated strategy and program management plan. Requires the Secretary, before initiating construction or installation of an exascale-class computing facility, to transmit to Congress a separate plan detailing: (1) the proposed facility's cost projections and capabilities to significantly accelerate the development of new energy technologies; (2) technical risks and challenges that must be overcome to achieve successful completion and operation of the facility; and (3) an independent assessment of the scientific and technological advances expected from such a facility relative to those expected from a comparable investment in expanded research and applications at terascale-class and petascale-class computing facilities, including an evaluation of where investments should be made in the system software and algorithms to enable these advances.

Online Market Protection Act of 2014

United States · United States Congress · 2 January 2015

Online Market Protection Act of 2014 - Prohibits, for a five-year moratorium period beginning June 1, 2015, federal, state, and local governments from imposing statutory restrictions or regulations specifically identifying and governing the creation, use, exploitation, possession, or transfer of any algorithmic protocols governing the operation of any virtual, non-physical algorithm or computer source code-based medium for exchange (cryptocurrency). Defines cryptocurrency as a popular term encompassing code-based protocols supporting an electronic, non-physical medium for the exchange of value. Prohibits all such governmental entities, during the moratorium period, from imposing further statutory restrictions or regulations affecting Smart Contract platforms such as cryptographic escrow services, multi-signature transactions, and oracles in order to allow for the growth and facilitation of these facets of cryptological technology. Requires federal and state agencies to consider cryptocurrencies "exempt commodities" akin to gold and silver, rather than "excluded commodities" such as national fiat currencies. Declares that the Bitcoin cryptological protocol is not strictly a currency, but rather a broad multifaceted protocol which allows for myriad novel applications. Denies federal and state agencies jurisdiction over Cryptocurrency Economy Transactions or Bitcoin Economy Transactions. States it is the public policy of the United States that: until the expiration of the five-year moratorium no new statutes, regulations, or advisory opinions be passed, implemented, enforced, or issued governing the creation, use, possession or taxation of cryptocurrencies, including governing protocols, data, codes, algorithms, or other calculations; development and use of any medium of exchange which utilizes cryptographic proof of and for a transaction of cryptocurrency without the need for or reliance upon third-party intermediaries or verification will enhance the economic well-being of the American people and result in significant economic growth; production, possession or use of cryptocurrency, whether in trade, commerce, or personal non-commercial transfers, should not be disfavored or discouraged by either the federal tax code or other governmental statute or regulation; and the current guidance released by the Internal Revenue Service (IRS) in its Notice 2014-21 is advisory, subject to public comment, and not in final form pending the expiration of the comment period, and is less than optimal for the American people and economy. Directs the IRS to issue or revise interim regulations consistent with U.S. public policy that: virtual currencies should be treated as currency instead of property in order to foster an equitable tax treatment and prevent a tax treatment that would discourage the use of cryptocurrency; taxpayers accepting cryptocurrency in trade or commerce should be deemed to realize actual income only when cryptocurrency is monetized through conversion or exchange into dollars or any official government currency, and that fair market value should be calculated as net proceeds from the conversion; and mined or produced cryptocurrency should be taxed as income only when actual income is realized by a transfer and conversion of proceeds into dollars.

CryptPMA

United States · United States Congress · 1 December 2014

Cryptocurrency Protocol Protection and Moratorium Act or the CryptPMA - Prohibits, for a five-year moratorium period beginning June 1, 2015, federal, state, and local governments from imposing statutory restrictions or regulations specifically identifying and governing the creation, use, exploitation, possession, or transfer of any algorithmic protocols governing the operation of any virtual, non-physical algorithm or computer source code-based medium for exchange (cryptocurrency). Defines cryptocurrency as a popular term encompassing code-based protocols supporting an electronic, non-physical medium for the exchange of value. Expresses the sense of Congress that, until the expiration of the five-year moratorium, no new statutes, regulations or advisory opinions be passed, implemented, enforced, or issued governing the creation, use, possession or taxation of cryptocurrencies, including governing protocols, data, codes, algorithms, or other calculations. Expresses the sense of Congress further that: (1) development and use of any medium for exchange which possesses the characteristic of cryptographic proof of and for a transaction of cryptocurrency without the need for or reliance upon third-party intermediaries or verification is in the public interest; and (2) production, possession or use of cryptocurrency, whether in trade, commerce, or personal non-commercial transfers, should not be disfavored or discouraged by either the federal tax code or other governmental statute or regulation. Expresses the sense of Congress that: (1) the current guidance released by the IRS in its Notice 2014-21 is advisory, subject to public comment, and not in final form pending the expiration of the comment period; and (2) less than optimal for the American people and economy. Directs the IRS to issue or revise interim regulations consistent with the sense of Congress that: virtual currencies should be treated as currency instead of property in order to foster an equitable tax treatment and prevent a tax treatment that would discourage the use of cryptocurrency; taxpayers accepting cryptocurrency in trade or commerce should be deemed to realize actual income only when cryptocurrency is monetized through conversion or exchange into dollars or any official government currency, and that fair market value should be calculated as net proceeds from the conversion; and mined or produced cryptocurrency should be taxed as income only when actual income is realized by a transfer and conversion of proceeds into dollars.

MAP Act of 2013

United States · United States Congress · 25 July 2013

Medicare Abuse Prevention Act of 2013 or MAP Act of 2013 - Amends title XI of the Social Security Act (SSA) to increase civil money penalties, criminal fines, and prison sentences for fraud and abuse under the SSA title XVIII (Medicare) program. Directs the Secretary of Health and Human Services to submit to Congress annual fraud reports with respect to Medicare, SSA title XIX (Medicaid), and SSA title XXI (Children's Health Insurance) (CHIP). Amends the Small Business Jobs Act to exempt from disclosure under the Freedom of Information Act the algorithms used in predictive modeling and other analytics technology to identify and prevent waste, fraud, and abuse in the Medicare fee-for-service program. Requires valid National Provider Identifiers for prescribers on pharmacy claims for covered Medicare part D prescription drugs. Requires a prescription drug plan (PDP) sponsor identifying a claim for reimbursement for a drug prescribed by an individual without a valid National Provider Identifier to report to the HHS Inspector General any relevant information on such a prescriber, including any invalid national provider identifiers being used to submit such claims and related records. Requires the Inspector General of HHS to provide such information to appropriate law enforcement agencies. Directs the Secretary of HHS to establish procedures and rules to restrict access to the National Provider Identifier Registry in order to deter the fraudulent use of National Provider Identifiers. Decreases by 10% per quarter the federal medical assistance percentage (FMAP) for a state if: (1) it is receiving a grant for a state controlled substance monitoring program through which it identifies fraud, waste, or abuse in connection with the provision of prescription drug coverage under the state Medicaid plan; and (2) the state or a political subdivision is reimbursed by a third party for expenditures related to such fraud, waste, or abuse, or for a recovered amount. Directs the Secretary of HHS to establish procedures to eliminate the unnecessary collection, use, and display of Social Security account numbers of Medicare beneficiaries. Requires the Secretary of HHS to ensure that each newly issued Medicare identification card does not display or electronically store, in an unencrypted format, a Medicare beneficiary's Social Security account number, unless the beneficiary's health insurance claim number is the beneficiary's or spouse's Social Security number, and the risk of fraudulent use of such numbers is not unacceptably high. Requires the Secretary of HHS to prohibit the display of a Medicare beneficiary's Social Security account number in any written or electronic communication to the beneficiary unless its inclusion is essential for the operation of the Medicare program. Directs the Secretary of HHS to establish a pilot program to evaluate the applicability of smart card technology to the Medicare program, and whether such cards would be effective in preventing Medicare fraud. Prohibits payment for an item or service under Medicaid or CHIP unless the claim contains: (1) a valid beneficiary identification number corresponding to an individual enrolled under the state plan or an applicable waiver; and (2) a valid provider identifier corresponding to a provider eligible to receive payment for furnishing such item or service.

American Super Computing Leadership Act

United States · United States Congress · 25 June 2013

American Super Computing Leadership Act - Amends the Department of Energy High-End Computing Revitalization Act of 2004 with respect to: (1) exascale computing (computing system performance at or near 10 to the 18th power floating point operations per second); and (2) a high-end computing system with performance substantially exceeding that of systems commonly available for advanced scientific and engineering applications. Directs the Secretary of Energy (DOE) to: (1) coordinate the development of high-end computing systems across DOE; (2) partner with universities, National Laboratories, and industry to ensure the broadest possible application of the technology developed in the program to other challenges in science, engineering, medicine, and industry; and (3) include among the multiple architectures researched, at DOE discretion, any computer technologies that show promise of substantial reductions in power requirements and substantial gains in parallelism of multicore processors, concurrency, memory and storage, bandwidth, and reliability. Repeals authority for establishment of at least one High-End Software Development Center. Directs the Secretary to conduct a coordinated research program to develop exascale computing systems to advance DOE missions. Requires establishment through competitive merit review of two or more DOE National Laboratory-industry-university partnerships to conduct integrated research, development, and engineering of multiple exascale architectures. Requires the Secretary to conduct mission-related co-design activities in developing such exascale platforms. Defines "co-design" as the joint development of application algorithms, models, and codes with computer technology architectures and operating systems to maximize effective use of high-end computing systems. Directs the Secretary to develop any advancements in hardware and software technology required to realize fully the potential of an exascale production system in addressing DOE target applications and solving scientific problems involving predictive modeling and simulation and large-scale data analytics and management. Requires DOE also to explore the use of exascale computing technologies to advance a broad range of science and engineering. Directs the Secretary to submit to Congress an integrated strategy and program management plan. Requires the Secretary, before initiating construction or installation of an exascale-class computing facility, to transmit to Congress a separate plan detailing: (1) the proposed facility's cost projections and capabilities to significantly accelerate the development of new energy technologies; (2) technical risks and challenges that must be overcome to achieve successful completion and operation of the facility; and (3) an independent assessment of the scientific and technological advances expected from such a facility relative to those expected from a comparable investment in expanded research and applications at terascale-class and petascale-class computing facilities, including an evaluation of where investments should be made in the system software and algorithms to enable these advances.

Public Access to Historical Records Act

United States · United States Congress · 23 January 2013

Public Access to Historical Records Act - Directs the Administrator of the National Aeronautics and Space Administration (NASA) to establish an official dataset on the historical temperature record. Requires NASA to use the raw data related to temperature that is collected by applicable stations and vessels and to quantify the statistical uncertainty of each temperature observation and any subsequent products based on that observation. Requires the gaps that exist in temperature station and temperature reading data to be clearly and fully identified. Creates a panel to assist the Administrator in the establishment of the dataset. Requires the Administrator, at least once every three years, to contract with an appropriate independent entity to perform a verification and validation of the dataset and requires the publication of any algorithms utilized, and any determinations made, in verifying and validating the dataset. Requires persons and entities engaged in global climate research funded by the federal government to use the dataset as a source of data on the historical temperature record. Directs the Secretary of Commerce to provide for the immediate release of: (1) all raw temperature station data from cooperative observers and automated stations collected by the National Climatic Data Center, and (2) an analysis of the differences between raw and final temperature datasets collected by the Center.

Department of Energy High-End Computing Act of 2012

United States · United States Congress · 20 September 2012

Department of Energy High-End Computing Act of 2012 - Amends the Department of Energy High-End Computing Revitalization Act of 2004 with respect to: (1) exascale computing (computing system performance at or near 10 to the 18th power floating point operations per second); and (2) a high-end computing sytem with performance substantially exceeding that of systems commonly available for advanced scientific and engineering applications. Directs the Secretary of Energy (DOE) to: (1) coordinate the development of high-end computing systems across DOE; and (2) include among the multiple architectures researched any computer technologies that show promise of substantial reductions in power requirements and substantial gains in parallelism of multicore processors, concurrency, memory and storage, bandwidth, and reliability. Repeals authority for establishment of at least one High-End Software Development Center. Directs the Secretary to conduct a coordinated research program to develop one or more exascale computing systems to advance DOE missions. Requires establishment through competitive merit review of two or more DOE National Laboratory-industry partnerships to conduct integrated research, development, and engineering of one or more prototype exascale systems. Requires the Secretary to conduct mission-related co-design activities in developing prototype exascale platforms. Defines "co-design" as the joint development of application algorithms, models, and codes with computer technology architectures and operating systems to maximize effective use of high-end computing systems. Directs the Secretary to develop any advancements in hardware and software technology required to realize fully the potential of an exascale production system in addressing DOE target applications and solving scientific problems involving predictive modeling and simulation and large-scale data analytics and management.

PRIME Act of 2011

United States · United States Congress · 18 November 2011

Promoting Responsibility in Medical Expenditures Act of 2011 - Amends title XI of the Social Security Act (SSA) to increase civil money penalties, criminal fines, and prison sentences for fraud and abuse under the SSA title XVIII (Medicare) program. Directs the Secretary of Health and Human Services to submit to Congress annual fraud reports with respect to Medicare, SSA title XIX (Medicaid), and SSA title XXI (Children's Health Insurance) (CHIP). Amends the Small Business Jobs Act to exempt from disclosure under the Freedom of Information Act the algorithms used in predictive modeling and other analytics technology to identify and prevent waste, fraud, and abuse in the Medicare fee-for-service program. Requires valid National Provider Identifiers for prescribers on pharmacy claims for covered Medicare part D prescription drugs. Requires a prescription drug plan (PDP) sponsor identifying a claim for reimbursement for a drug prescribed by an individual without a valid National Provider Identifier to report to the HHS Inspector General any relevant information on such a prescriber, including any invalid national provider identifiers being used to submit such claims and related records. Requires the Inspector General of HHS to provide such information to appropriate law enforcement agencies. Directs the Secretary of HHS to establish procedures and rules to restrict access to the National Provider Identifier Registry in order to deter the fraudulent use of National Provider Identifiers. Decreases by 10% per quarter the federal medical assistance percentage (FMAP) for a state if: (1) it is receiving a grant for a state controlled substance monitoring program through which it identifies fraud, waste, or abuse in connection with the provision of prescription drug coverage under the state Medicaid plan; and (2) the state or a political subdivision is reimbursed by a third party for expenditures related to such fraud, waste, or abuse, or for a recovered amount. Directs the Secretary of HHS to establish procedures to eliminate the unnecessary collection, use, and display of Social Security account numbers of Medicare beneficiaries. Requires the Secretary of HHS to ensure that each newly issued Medicare identification card does not display or electronically store, in an unencrypted format, a Medicare beneficiary's Social Security account number, unless the beneficiary's health insurance claim number is the beneficiary's or spouse's Social Security number, and the risk of fraudulent use of such numbers is not unacceptably high. Requires the Secretary of HHS to prohibit the display of a Medicare beneficiary's Social Security account number in any written or electronic communication to the beneficiary unless its inclusion is essential for the operation of the Medicare program. Directs the Secretary of HHS to establish a pilot program to evaluate the applicability of smart card technology to the Medicare program, and whether such cards would be effective in preventing Medicare fraud. Prohibits payment for an item or service under Medicaid or CHIP unless the claim contains: (1) a valid beneficiary identification number corresponding to an individual enrolled under the state plan or an applicable waiver; and (2) a valid provider identifier corresponding to a provider eligible to receive payment for furnishing such item or service. Directs the Comptroller General to recommend methods to make Medicare claims data available to the public to improve Medicare transparency while protecting the privacy of individual Medicare beneficiaries, service providers, and suppliers.

Public Access to Historical Records Act

United States · United States Congress · 25 January 2011

Public Access to Historical Records Act - Directs the Administrator of the National Aeronautics and Space Administration (NASA) to establish an official dataset on the historical temperature record. Requires NASA to utilize the raw data related to temperature that is collected by applicable stations and vessels and to quantify the statistical uncertainty of each temperature observation and any subsequent products based on that observation. Requires the gaps that exist in temperature station and temperature reading data to be clearly and fully identified. Creates a panel to assist the Administrator in the establishment of the dataset. Requires the Administrator, at least once every three years, to contract with an appropriate independent entity to perform a verification and validation of the dataset and requires the publication of any algorithms utilized, and any determinations made, in verifying and validating the dataset. Requires persons and entities engaged in global climate research funded by the federal government to utilize the dataset as a source of data on the historical temperature record. Directs the Secretary of Commerce to provide for the immediate release of: (1) all raw temperature station data from cooperative observers and automated stations collected by the National Climatic Data Center, and (2) an analysis of the differences between raw and final temperature datasets collected by the Center.

Public Access to Historical Records Act

United States · United States Congress · 8 December 2010

Public Access to Historical Records Act - Directs the Administrator of the National Aeronautics and Space Administration (NASA) to establish an official dataset on the historical temperature record. Requires NASA to utilize the raw data related to temperature that is collected by applicable stations and vessels and to quantify the statistical uncertainty of each temperature observation and any subsequent products based on that observation. Requires the gaps that exist in temperature station and temperature reading data to be clearly and fully identified. Creates a panel to assist the Administrator in the establishment of the dataset. Requires the Administrator of NASA, at least once every three years, to contract with an appropriate independent entity to perform a verification and validation of the dataset and requires the publication of any algorithms utilized, and any determinations made, in verifying and validating the dataset. Requires persons and entities engaged in global climate research funded by the federal government to utilize the dataset as a source of data on the historical temperature record. Directs the Secretary of Commerce to provide for the immediate release of: (1) all raw temperature station data from cooperative observers and automated stations collected by the National Climatic Data Center; and (2) an analysis of the differences between raw and final temperature datasets collected by the Center.

Encryption for the National Interest Act

United States · United States Congress · 27 July 1999

TABLE OF CONTENTS: Title I: Domestic Uses of Encryption Title II: Government Procurement Title III: Exports of Encryption Title IV: Liability Limitations Title V: International Agreements Title VI: Miscellaneous Provisions Encryption for the National Interest Act - Declares that it is U.S. policy to protect public computer networks through the use of strong encryption technology, promote the export of encryption products developed and manufactured in the United States, and preserve public safety and national security. Title I: Domestic Uses of Encryption - Makes it lawful for any person within any State and for any United States person to use any encryption product, regardless of encryption algorithm selected, encryption bit length chosen, or implementation technique or medium used, except as otherwise provided by this Act or by law. Defines "United States person" to mean any U.S. citizen, any other person organized under the laws of any State, and any person organized under the laws of any foreign country who is owned or controlled by such individuals. (Sec. 103) Amends the Federal criminal code to prohibit, and set penalties for, knowingly using encryption in furtherance of the commission of a criminal offense for which the person may be prosecuted in a U.S. district court. Prohibits the court from placing on probation any person convicted of such a violation and prohibits the term of imprisonment imposed from running concurrently with any other term imposed for the underlying criminal offense. Specifies that the use of encryption by itself shall not establish probable cause to believe that a crime is being or has been committed. Makes it unlawful for any person to intentionally: (1) obtain or use decryption information without lawful authority for the purpose of decrypting data, including communications; (2) exceed lawful authority in decrypting data; (3) break the encryption code of another person without lawful authority for the purpose of violating the privacy or security of that person or depriving that person of any property rights; (4) impersonate another person for the purpose of obtaining decryption information of that person without lawful authority; (5) facilitate or assist in the encryption of data, knowing that such data are to be used in furtherance of a crime; or (6) disclose decryption information in violation of code provisions. Sets penalties for violations. Requires a court of competent jurisdiction to issue an order ex parte granting an investigative or law enforcement officer (officer) timely access to the plaintext of encrypted data, or requiring any person in possession of decryption information to provide such information to a duly authorized officer: (1) upon the application by a Government attorney that is made under oath and that provides a factual basis establishing the relevance of the information sought to a law enforcement, foreign counterintelligence, or international terrorism investigation; and (2) if the court finds that the information being sought is relevant to an ongoing investigation and the officer is entitled to such information. Directs that the order issued by the court: (1) be placed under seal, except that a copy may be made available to the officer authorized to obtain access to the information sought in the application; and (2) subject to notification procedures, be made available to the person responsible for providing the information to the officer. Bars disclosure of an application made or order issued under this section, except as specifically permitted by this section or another court order. Directs that there be created an electronic or similar type of record of each instance in which an officer, pursuant to an order under this section, gains access to the plaintext of otherwise encrypted information, or is provided decryption information, without the knowledge or consent of the owner of the data who is the user of the encryption product involved. Authorizes the court issuing the order to require that the record be maintained in a place and manner that is not within the officer's custody or control. Requires: (1) the record to be tendered to the court, upon notice from the court; and (2) the court to make the original and a certified copy of the record available to the Government attorney and to the attorney for, or directly to, the owner of the data who is the user of the encryption product, pursuant to specified notification procedures. Specifies that nothing herein shall be construed to enlarge or modify the circumstances or procedures under which a Government entity is entitled to intercept or obtain oral, wire, or electronic communications or information. Directs the court, within a reasonable time but not later than 90 days after the filing of an application for such an order which is granted, to cause to be served to specified parties an inventory which shall include notice of: (1) the entry of the order or application; (2) the date of the entry of the application and issuance of the order; and (3) the fact that the person's decryption information or plaintext data has been provided or accessed by an officer. Allows the court, upon the filing of a motion, to make available for inspection to that person or that person's counsel such portions of the plaintext, applications, and orders as the court determines to be in the interest of justice. Sets forth provisions regarding: (1) postponement of inventory for good cause; (2) admission of encrypted information into evidence; (3) contempt; (4) motions to suppress; (5) appeal by the United States; (6) a civil action for violations; (7) a statute of limitations; (8) exclusive remedies; (9) technical assistance by a provider of encryption technology or network service; and (10) reporting requirements. Authorizes an officer to whom plaintext or decryption information is provided to use such information only for purposes of conducting a lawful criminal investigation, foreign counterintelligence, or international terrorism investigation and for purposes of preparing for and prosecuting any criminal violation of law. Bars any such information provided to an officer from being disclosed, except by court order, to any other person for use in a civil proceeding that is unrelated to a criminal investigation and prosecution for which the information is so authorized. Allows such order to issue only upon a showing by the party seeking disclosure that there is no alternative means of obtaining the information being sought where the court also finds that the interests of justice would not be served by nondisclosure. Prohibits an officer from using decryption information to determine the plaintext of any data unless it has obtained lawful authority to obtain such data under other lawful authorities. Sets forth provisions regarding: (1) the return of decryption information; (2) other disclosure of such information; (3) identification of material that discloses such information; and (4) responsibility of the officer to reasonably assure that inadvertent disclosure does not occur. Title II: Government Procurement - Authorizes the President to require an encryption product or service procured to provide the security service of data confidentiality for a computer system owned and operated by the Government to include recoverability features or functions that enable the timely decryption of encrypted data or timely access to plaintext by an authorized party without the knowledge or cooperation of the person using such products or services. Requires the President to ensure that all encryption products purchased or used by the Government are supportive of and consistent with: (1) all statutory obligations to protect sources and methods of intelligence collection and activities; and (2) those needs required for military operations and the conduct of foreign policy. (Sec. 202) Authorizes the President to direct that any communications network established for the purpose of conducting the business of the Government use encryption products that: (1) include features or functions that enable the timely decryption of encrypted data or timely access to plaintext by an authorized party without the knowledge or cooperation of the person using such products or services; and (2) are supportive of and consistent with all statutory obligations to protect sources and methods of intelligence collection and activities and those needs required for military operations and the conduct of foreign policy. (Sec. 203) Authorizes the President to require as a condition of any Government contract that any encryption product used by a private vendor in carrying out the contract include features or functions that enable the timely decryption of encrypted data or timely access to plaintext by an authorized party without the knowledge or cooperation of the person using such products or services. (Sec. 204) Permits an encryption product to be labeled to inform Government users that the product is authorized for sale to or for use by Government agencies or Government contractors in transactions and communications with the Government under this title. (Sec. 205) Bars the Government from requiring the use of encryption standards for the private sector, except as otherwise authorized by section 204. (Sec. 206) Makes this title inapplicable to encryption products and services used solely for access control, authentication, integrity, nonrepudiation, digital signatures, or other similar purposes. Title III: Exports of Encryption - Directs the President to control the export of all dual-use encryption products. Authorizes the President to deny the export of any encryption product on the basis that its export is contrary to national security. Provides that any decision made by the President or his designee regarding the export of encryption products under this title shall not be subject to judicial review. (Sec. 302) Makes encryption products with encryption strength of 64 bits or less eligible for export under a license exception if: (1) such encryption product is submitted for a one-time technical review, does not require licensing under otherwise applicable regulations, and is not intended for a country, end user, or end use that is by regulation ineligible to receive such product and is otherwise qualified for export; (2) the exporter, within 180 days after the export of the product, submits a certification identifying the intended end use and intended recipient of the product and provides the names and addresses of its distribution chain partners; and (3) the exporter, at the time of submission of the product for technical review, provides proof that its distribution chain partners have contractually agreed to abide by all U.S. laws and regulations concerning the export and reexport of encryption products designed or manufactured within the United States. Requires the technical review to be completed within 45 days after submission of all required information. Directs the President to specify the information that must be submitted for the one-time technical review. Prohibits the exportation of an encryption product during the technical review of that product. Provides for: (1) periodic review of the license exception eligibility level; and (2) an export license exception for an encryption product whether or not it contains a method of decrypting encrypted data. (Sec. 303) Authorizes the President to permit the export of encryption products with an encryption strength exceeding the maximum level eligible for a license exception if the export is consistent with national security. (Sec. 304) Directs the President to establish procedures for the expedited review of commodity classification requests, or export license applications, involving encryption products that are specifically approved by regulation for export. (Sec. 305) Authorizes the President to grant an export license for encryption products with an encryption strength exceeding the maximum level eligible for a license exception which are designed or manufactured within the United States (with an exception) under the following conditions: (1) there shall not be any requirement, as a basis for an export license, that a product contains a method of gaining timely access to plaintext or decryption information; and (2) the export license applicant shall submit the product for technical review, a certification under oath identifying the intended use of the product and the expected end user or class of end users of the product, proof that its distribution chain partners have contractually agreed to abide by all U.S. laws and regulations concerning the export and reexport of encryption products designed or manufactured within the United States, and the names and addresses of its distribution chain partners. Requires the technical review to be completed within 45 days after submission of all required information. Bars exportation of an encryption product during the technical review. Requires all exporters of encryption products designed or manufactured within the United States to: (1) submit a report to the Secretary of Commerce (the Secretary) at any time the exporter has reason to believe any such exported product is being diverted to a use or a user not approved at the time of export; (2) report any pirating of their technology or intellectual property to the Secretary as soon as practicable after discovery; and (3) submit to the Secretary a report specifying the particular product sold, the name and address of the ultimate end user of the product (if known), or the name and address of the next purchaser in the distribution chain, and the intended use of the product sold. Authorizes the Secretary, the Secretary of Defense, and the Secretary of State to exercise the authorities they have under other provisions of law to carry out this title. Grants the President specified waiver authority. (Sec. 306) Establishes an Encryption Industry and Information Security Board, which shall undertake an advisory role for the President. Sets forth provisions regarding the Board's purposes, membership, meetings, findings and recommendations, and termination. Specifies that the Board shall have no authority to review any export determination made under this title and that the consideration of foreign availability by the Board include computer software that is distributed over the Internet or advertised for sale, license, or transfer. Title IV: Liability Limitations - Provides that, except for a person who provides plaintext or decryption information to another in violation of this Act, no civil or criminal liability shall attach to anyone for disclosing or providing: (1) the plaintext of encrypted data; (2) the decryption information of such data; or (3) technical assistance for access to the plaintext of, or decryption information for, such data. (Sec. 402) Makes compliance with this Act a complete defense for any civil action for damages based upon activities covered by this Act, other than an action founded on contract. (Sec. 403) Specifies that an objectively reasonable reliance on the legal authority provided by this Act authorizing access to the plaintext of otherwise encrypted data or to decryption information that will allow the timely decryption of data that is otherwise encrypted shall be an affirmative defense to any criminal or civil action that may be brought under the laws of the United States or any State. Title V: International Agreements - Expresses the sense of Congress that: (1) the President shall conduct negotiations with foreign governments for purposes of establishing binding export control requirements on strong non-recoverable encryption products; and (2) such agreements should safeguard the privacy of U.S. citizens, prevent economic espionage, and enhance U.S. information security needs. (Sec. 502) Authorizes the President to consider a government's refusal to negotiate such agreements when considering U.S. participation in any cooperation or assistance program with that country. (Sec. 503) Sets forth reporting requirements. Title VI: Miscellaneous Provisions - Directs the Attorney General to compile, and maintain in classified form, data on: (1) the instances in which encryption has interfered with, impeded, or obstructed the ability of the Department of Justice (DOJ) to enforce U.S. law; and (2) the instances where DOJ has been successful in overcoming any encryption encountered in an investigation. Requires that such information, including an unclassified summary, be submitted to Congress annually beginning October 1, 2000. (Sec. 603) Authorizes appropriations for the Technical Support Center of the Federal Bureau of Investigation for FY 2000-2003.

Promote Reliable On-Line Transactions to Encourage Commerce and Trade (PROTECT) Act of 1999

United States · United States Congress · 14 April 1999

TABLE OF CONTENTS: Title I: Domestic Encryption Provisions Title II: Government Procurement Title III: Advanced Encryption Standard Title IV: Improvement of Governmental Technological Capability Title V: Export of Encryption Products Promote Reliable On-Line Transactions to Encourage Commerce and Trade (PROTECT) Act of 1999 - Title I: Domestic Encryption Provisions - Prohibits the Federal Government or any State from establishing any conditions, ties, or links between those encryption products, standards, and services used for confidentiality and those used for authenticity or integrity purposes. Defines encryption as the scrambling of electronic communications or information to preserve its confidentiality, integrity, or authenticity, and to prevent unauthorized recipients from accessing or altering such communications or information. (Sec. 102) Makes the development, sale, and use of encryption lawful in the United States unless otherwise provided in this Act. (Sec. 103) Prohibits a Federal or State government from requiring an encryption key (solution) or other access to plaintext communications or information in the building of computer hardware or software. Title II: Government Procurement - Authorizes any Federal department, agency, or instrumentality (entity) to purchase encryption products for use by Federal officers and employees. Requires the interoperability of such product with other commercially-available encryption products. Prohibits any Federal entity from requiring any person in the private sector to use a particular encryption product or methodology. Title III: Advanced Encryption Standard - Directs the National Institutes of Standards and Technology (NIST) to complete the Advanced Encryption Standard (AES) process initiated on January 2, 1997, and to make a final selection of one or more new private sector-developed encryption algorithms by January 1, 2002. (Sec. 302) Prohibits the Secretary of Commerce from promulgating or enforcing any regulation, adopting any standard, or carrying out any policy that: (1) establishes an encryption standard for use by businesses and entities other than for computer systems operated by a Federal entity; or (2) imposes government-designed encryption standards on the private sector by restricting the export of encryption products. Title IV: Improvement of Governmental Technological Capability - Amends the National Institutes of Standards and Technology Act to direct NIST to: (1) obtain information regarding the most current information security hardware, software, telecommunications and other electronic capabilities; (2) research and develop new technologies to facilitate lawful access to such information and prevent unwanted intrusions; (3) provide assistance in responding to information security threats and vulnerabilities; and (4) facilitate the development and adoption of best information security practices by Federal entities and the private sector. (Sec. 402) Requires the Computer System Security and Privacy Advisory Board to provide a forum between industry and the Federal Government on information security issues, and to foster the aggregation and dissemination of developments in information security technologies. (Sec. 403) Authorizes appropriations to ensure that U.S. law enforcement agencies and agencies responsible for national security are able to complete any authorized missions or goals regardless of technological advancements in encryption and digital technology. Title V: Export of Encryption Products - Gives the Secretary exclusive authority to control the exportation of encryption products. (Sec. 502) Protects presidential authority to control the export of products, including encryption products, under the Trading With the Enemy Act and the International Emergency Economic Powers Act. Authorizes the Secretary to prohibit the export of an encryption product for reasons such as possible terrorist use or threats to the national security. (Sec. 503) Authorizes the export, without an export license or export license exception, of any encryption product that utilizes a key length of 64 bits or less. (Sec. 504) Identifies encryption products which shall be exportable under export license exceptions. Makes encryption products and related computer services eligible for such exception after a one-time technical review. Provides time limits for consideration of exporters' requests for such exceptions. (Sec. 505) Provides conditions under which encryption products shall be exportable under license exceptions, including such product's general, public, or foreign availability. Establishes an Encryption Export Advisory Board to evaluate and make recommendations with respect to exception applications based on such availability. Allows: (1) judicial review of the Secretary's decision disapproving a Board's finding concerning such availability; and (2) the President to override any Board determination when such export or re-export would harm U.S. national security, including capabilities in fighting drug trafficking, terrorism, or espionage. Requires exporters' requests for license exceptions, including the one-time technical review, to be processed within 15 days. (Sec. 506) Prohibits the Secretary, upon adoption of the AES, from imposing U.S. encryption export controls on encryption products if the encryption algorithm and key length employed were incorporated in the AES or have an equivalent strength. Makes such product exportable without a license or license exception, and without other restrictions other than those prescribed under this Act. (Sec. 507) Prohibits the Secretary from imposing any reporting requirement on any encryption product not subject to U.S. export controls or exported under a license exception.

Security And Freedom Through Encryption (SAFE) Act

United States · United States Congress · 25 February 1999

Security and Freedom through Encryption (SAFE) Act - Amends the Federal criminal code to permit any person within any State and any U.S. person in a foreign country to use, and any person within any State to sell in interstate commerce, any encryption, regardless of the encryption algorithm selected, encryption key length chosen, or implementation technique or median use. Provides that neither the Federal Government nor a State may require that, or condition any approval on a requirement that, a key, access to a key, key recovery information, or any other plaintext access capability be: (1) built into computer hardware or software for any purpose; (2) given to any other person, including a Federal Government agency or an entity in the private sector that may be certified or approved by the Federal Government or any State to receive it; or (3) retained by the owner or user of an encryption key or any other person, other than for encryption products for use by the Federal Government or a State. Makes exceptions with respect to investigative or law enforcement officers and members of the intelligence community. Provides that neither the Federal Government nor a State may require the use of encryption products, standards, or services (products) for: (1) confidentiality purposes, as a condition of the use of such products for authenticity or integrity purposes; or (2) authenticity or integrity purposes, as a condition of the use of such products for confidentiality purposes. Sets penalties for the unlawful use of encryption in furtherance of a criminal act. Specifies that the use of encryption shall not be the sole basis for establishing probable cause with respect to a criminal offense or a search warrant. (Sec. 3) Amends the Export Administration Act of 1979 to grant the Secretary of Commerce exclusive authority to control exports of all computer hardware, software, computing devices, customer premises equipment, communications network equipment, and technology for information security (including encryption), except that which is specifically designed or modified for military use. Provides that after a one time, 50-day technical review by the Secretary, no export license may be required (with exceptions) for or in the export of specified computer hardware, software, computing devices, telecommunication devices, technical assistance and data, and encryption hardware, software, or computing devices. Authorizes the Secretary, after a one time, 15-day technical review, to authorize the export or reexport of computer hardware, software, or computing devices with encryption capabilities for nonmilitary and end uses in any country: (1) to which exports of computer hardware, software, or computing devices of comparable strength are permitted for use by financial institutions not controlled in fact by United States persons, unless there is substantial evidence that such computer equipment will be diverted to a military end-use or an end-use supporting international terrorism, modified for military or terrorist end-use, or reexported without authorization by the United States; or (2) if the Secretary determines that a computer hardware, software, or computing device offering comparable security is commercially available outside the United States from a foreign supplier, without effective restrictions. Directs that any encryption product not requiring an export license as of this Act's enactment date, as a result of administrative decision or rulemaking, shall not require an export license on or after such date. (Sec. 4) Directs: (1) the Attorney General to compile, and maintain in classified form, data on the instances in which encryption has interfered with, impeded, or obstructed the ability of the Department of Justice to enforce U.S. criminal laws; and (2) that such information be made available, upon request, to any Member of Congress.

Encrypted Communications Privacy Act of 1997

United States · United States Congress · 27 February 1997

Encrypted Communications Privacy Act of 1997 - Allows any person within any State and any U.S. person in a foreign country to use any encryption, regardless of encryption algorithm selected, key length chosen, or implementation technique or medium used, with exceptions. Prohibits the Federal Government or a State from requiring as a sale condition that a decryption key be given to another person. Specifies that nothing in this Act shall be construed to: (1) require the use of any form of encryption; or (2) limit or affect the ability of any person to use encryption without a key escrow function or of any person who chooses to use encryption with a key escrow function not to use a key holder. Amends the Federal criminal code to subject to criminal penalties and civil liability any key holder who, without authorization, releases a decryption key or provides decryption assistance. Makes it a complete defense against any such civil or criminal action that the defendant acted in good faith reliance upon a court warrant or order, grand jury or trial subpoena, or statutory authorization. Authorizes a key holder to release a decryption key or provide decryption assistance to a governmental entity requiring the disclosure of stored wire and electronic communications and transactional records, as well as stored electronic information, as long as appropriate court order requirements are met. Directs the Attorney General and other specified officials to report to the Administrative Office of the United States Courts on the number of orders and extensions served on key holders to obtain access to decryption keys or decryption assistance. Sets penalties for willfully endeavoring by means of encryption to obstruct, impede, or prevent the communication to an investigative or law enforcement officer of information in furtherance of a felony. Allows any person within any State to sell any encryption in interstate commerce. Grants the Secretary of Commerce exclusive authority to control exports of all computer hardware, software, and technology for information security (including encryption), except computer hardware, software, and technology specifically designed or modified for military use. Prohibits requiring any validated license (with limited exceptions) for the export or reexport of any: (1) software, including software with encryption capabilities, that is generally available as is, and designed for installation by the purchaser, or that is in the public domain or publicly available because it is generally accessible to the public in any form; (2) computing device solely because it incorporates or employs in any form software (including software with encryption capabilities) exempted from any such requirement for a validated license; (3) software or hardware otherwise restricted because it incorporates interface mechanisms for interaction with other software and hardware; or (4) encryption technology related to a device, software, or hardware described in (1) through (3) above. Directs the Secretary to authorize the export or reexport of software, hardware, and technology with encryption capabilities under a license exception if: (1) a product offering comparable security is commercially available from a foreign supplier without effective restrictions; (2) a comparable product is generally available in a foreign country; or (3) the sole basis for otherwise withholding the license exception is the employment of encryption from a foreign source. Directs the Secretary to prohibit the export or reexport of any computer software, hardware, and technology to a foreign country if the Secretary determines that there is substantial evidence that such equipment or technology will be: (1) diverted to a military end- use or a use supporting international terrorism; (2) modified for such uses; or (3) reexported without U.S. authorization. Prohibits any investigative or law enforcement officer or key holder from releasing a decryption key or providing decryption assistance to a foreign country, with an exception when the United States has entered into a treaty or convention with a foreign country to provide mutual decryption assistance. Declares that nothing in this Act: (1) constitutes authority for the conduct of intelligence activity; and (2) shall affect specified conduct by Federal officers or employees related to communications security and communications by or among foreign powers or agents.

Security and Freedom Through Encryption (SAFE) Act

United States · United States Congress · 12 February 1997

Security and Freedom Through Encryption (SAFE) Act - Amends the Federal criminal code to permit any person within any State, and any U.S. person in a foreign country, to use any encryption regardless of the encryption algorithm selected, encryption key length chosen, or implementation technique or medium used, with an exception for the unlawful use of encryption in furtherance of a criminal act. Allows any person within any State to sell in interstate commerce any encryption. Specifies that no person in lawful possession of a key to encrypted information may be required by Federal or State law to relinquish to another person control of that key, with an exception for access for law enforcement purposes. Sets penalties for the willful use of encryption in furtherance of the commission of a criminal offense. (Sec. 3) Amends the Export Administration Act of 1979 to grant the Secretary of Commerce exclusive authority to control exports of all hardware, software, and technology for information security (including encryption), except that which is specifically designed or modified for military use. Prohibits requiring any validated license (with limited exceptions pursuant to the Trading With The Enemy Act or the International Emergency Economic Powers Act) for the export or reexport of any: (1) software, including software with encryption capabilities that is generally available as is and that is designed for installation by the purchaser, or that is in the public domain for which copyright or other protection is not available or is available to the public because it is generally accessible to the public in any form; or (2) computing device solely because it incorporates or employs in any form software (including software with encryption capabilities) exempted from any requirement for a validated license under this section. Directs the Secretary to authorize the export or reexport of: (1) software with encryption capabilities for nonmilitary end-uses in any country to which exports of software of similar capability are permitted for use by financial institutions not controlled in fact by U.S. persons, unless there is substantial evidence that such software will be diverted to a military end-use or an end-use supporting international terrorism, modified for military or authorization that may be required under the Act; and (2) computer hardware with encryption capabilities if the Secretary determines that a product offering comparable security is commercially available outside the United States from a foreign supplier without effective restrictions.

Encrypted Communications Privacy Act of 1996

United States · United States Congress · 5 March 1996

Encrypted Communications Privacy Act of 1996 - Allows any person within any State, the District of Columbia, Puerto Rico, and any U.S. territory or possession and any U.S. person in a foreign country to use any encryption, regardless of encryption algorithm selected, key length chosen, or implementation technique or medium used, with exceptions. Specifies that nothing in this Act shall be construed to: (1) require the use of any form of encryption; or (2) limit or affect the ability of any person to use encryption without a key escrow function or of any person who chooses to use encryption with a key escrow function not to use a key holder. Amends the Federal criminal code to subject to criminal penalties and civil liability any key holder who, without authorization, releases a decryption key or provides decryption assistance. Makes it a complete defense against any such civil or criminal action that the defendant acted in good faith reliance upon a court warrant or order, grand jury or trial subpoena, or statutory authorization. Directs the Attorney General and other specified officials to report to the Administrative Office of the United States Courts on the number of orders and extensions served on key holders to obtain access to decryption keys or decryption assistance. Sets penalties for willfully endeavoring by means of encryption to obstruct, impede, or prevent the communication of information in furtherance of a felony to an investigative or law enforcement officer. Allows any person within any State to sell in interstate commerce any encryption. Grants the Secretary of Commerce exclusive authority to control exports of all computer hardware, software, and technology for information security (including encryption), except computer hardware, software, and technology specifically designed or modified for military use. Prohibits requiring any validated license (with limited exceptions) for the export or reexport of any: (1) software, including software with encryption capabilities, that is generally available as is, that is designed for installation by the purchaser, or that is in the public domain or publicly available because it is generally accessible to the public in any form; or (2) computing device solely because it incorporates or employs in any form software (including software with encryption capabilities) exempted from any such requirement for a validated license. Directs the Secretary to authorize the export or reexport of: (1) software with encryption capabilities for nonmilitary end-uses in any country to which exports of software of similar capability are permitted for use by financial institutions not controlled in fact by U.S. persons, unless there is substantial evidence that such software will be diverted to a military end-use or an end-use supporting international terrorism, modified for military or terrorist end-use, or reexported without requisite U.S. authorization; and (2) computer hardware with encryption capabilities if the Secretary determines that a product offering comparable security is commercially available from a foreign supplier without effective restrictions outside the United States. Declares that nothing in this Act: (1) constitutes authority for the conduct of intelligence activity; and (2) shall affect specified conduct by Federal officers or employees related to communications security and communications by or among foreign powers or agents.

Security and Freedom Through Encryption (SAFE) Act

United States · United States Congress · 5 March 1996

Security and Freedom Through Encryption (SAFE) Act - Amends the Federal criminal code to permit any person within any State, and any U.S. person in a foreign country, to use any encryption regardless of the encryption algorithm selected, encryption key length chosen, or implementation technique or medium used, with an exception for the unlawful use of encryption in furtherance of a criminal act. Allows any person within any State to sell in interstate commerce any encryption. Specifies that no person in lawful possession of a key to encrypted information may be required by Federal or State law to relinquish to another person control of that key, with an exception for access for law enforcement purposes. Sets penalties for the willful use of encryption in furtherance of the commission of a criminal offense. (Sec. 3) Amends the Export Administration Act of 1979 to grant the Secretary of Commerce exclusive authority to control exports of all hardware, software, and technology for information security (including encryption), except that which is specifically designed or modified for military use. Prohibits requiring any validated license (with limited exceptions pursuant to the Trading With The Enemy Act or the International Emergency Economic Powers Act) for the export or reexport of any: (1) software, including software with encryption capabilities that is generally available as is and that is designed for installation by the purchaser, or that is in the public domain for which copyright or other protection is not available or is available to the public because it is generally accessible to the public in any form; or (2) computing device solely because it incorporates or employs in any form software (including software with encryption capabilities) exempted from any requirement for a validated license under this section. Directs the Secretary to authorize the export or reexport of: (1) software with encryption capabilities for nonmilitary end-uses in any country to which exports of software of similar capability are permitted for use by financial institutions not controlled in fact by U.S. persons, unless there is substantial evidence that such software will be diverted to a military end-use or an end-use supporting international terrorism, modified for military or terrorist end-use, or reexported without any U.S. authorization that may be required under the Act; and (2) computer hardware with encryption capabilities if the Secretary determines that a product offering comparable security is commercially available outside the United States from a foreign supplier without effective restrictions.