Patrick Leahy: “While current law does not mandate any key recovery, the current Administration, just as past Administrations, uses the…”

“While current law does not mandate any key recovery, the current Administration, just as past Administrations, uses the export control regime to ``dumb down'' the encryption available for widespread integration into high-tech products intended for both domestic use and for export to foreign customers. Export regulations in place now are being used expressly to coerce the development and use of encryption products capable of giving law enforcement surreptitious access to plaintext by conditioning the export of 56-bit DES encryption on development of key recovery features. These regulations are scheduled to sunset in December 1998, at which time export of even 56-bit strength encryption will no longer be permitted. I understand that the Administration is already undertaking discussions with industry on what will happen upon sunset of these regulations. I have long contended that taking unilateral steps will not resolve this issue, but instead could delay building the consensus we so urgently need. This issue simply cannot by resolved by Executive fiat.”