Security and Freedom Through Encryption (SAFE) Act

Summary

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.

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Documents

10 official files

• Reported in House (text)

  Reported in House · EN · 29 September 1997

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• Reported in House (PDF)

  Reported in House · EN · 29 September 1997

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• Reported to House amended, Part V

  summary · EN · 29 September 1997

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• Reported to House amended, Part IV

  summary · EN · 16 September 1997

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• Reported to House amended, Part III

  summary · EN · 12 September 1997

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• Reported to House amended, Part II

  summary · EN · 25 July 1997

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• Reported to House amended, Part I

  summary · EN · 22 May 1997

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• Introduced in House (text)

  Introduced in House · EN · 12 February 1997

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• Introduced in House (PDF)

  Introduced in House · EN · 12 February 1997

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• Introduced in House

  summary · EN · 12 February 1997

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