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, 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.

This text is taken from the official record. PoliticalRepo does not editorialize.

Timeline

No timeline events have been ingested for this record yet.

Votes

No vote records are attached yet.

Versions

No version snapshots stored. Document URLs remain at the source.

Documents

9 official files

• Reported in House (text)

  Reported in House · EN · 23 July 1999

  ViewDownloadOpen at official source

• Reported in House (PDF)

  Reported in House · EN · 23 July 1999

  ViewDownloadOpen at official source

• Reported to House amended, Part V

  summary · EN · 23 July 1999

  Open at official source

• Reported to House amended, Part IV

  summary · EN · 23 July 1999

  Open at official source

• Reported to House amended, Part III

  summary · EN · 19 July 1999

  Open at official source

• Reported to House amended, Part II

  summary · EN · 2 July 1999

  Open at official source

• Introduced in House (text)

  Introduced in House · EN · 25 February 1999

  ViewDownloadOpen at official source

• Introduced in House (PDF)

  Introduced in House · EN · 25 February 1999

  ViewDownloadOpen at official source

• Introduced in House

  summary · EN · 25 February 1999

  Open at official source

Sponsors

No sponsors or actors listed by the source.

Related records

No cross-record relationships stored yet.