Patrick Leahy: “In my view, encryption legislation should promote the following goals: First, legislation should ensure the right of…”

“In my view, encryption legislation should promote the following goals: First, legislation should ensure the right of Americans to choose how to protect the privacy and security of their communications and information; Second, legislation should bar a government-mandated key escrow encryption system; Third, legislation should establish both procedures and standards for access by law enforcement to decryption keys or decryption assistance for both encrypted communications and stored electronic information and only permit such access upon court order authorization, with appropriate notice and other procedural safeguards; Fourth, legislation should establish both procedures and standards for access by foreign governments and foreign law enforcement agencies to the plaintext of encrypted communications and stored electronic information of United States persons; Fifth, legislation should modify the current export regime for encryption to promote the global competitiveness of American companies; Sixth, legislation should not link the use of certificate authorities with key recovery agents or, in other words, link the use of encryption for confidentiality purposes with use of encryption for authenticity and integrity purposes; Seventh, legislation should, consistent with these goals of promoting privacy and the global competitiveness of our high-tech industries, help our law enforcement agencies and national security agencies deal with the challenges posed by the use of encryption;”