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Computer Crime and
Intellectual Property Section (CCIPS)
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Encryption and Computer Crime
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Department of Justice Frequently Asked Questions (“FAQ”)
on Encryption Policy
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Attorney General Janet Reno Addresses the High Technology
Crime Investigation Association 1999 International Training Conference
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Letter from Attorney General Janet Reno and others to
Members of Congress regarding law enforcement's concerns related to encryption
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Senate Hearings on "Privacy in a Digital Age: Encryption
and Mandatory Access"
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Testimony of Deputy Assistant Attorney General Robert
S. Litt, Before the Subcommittee on Telecommunications, Trade and Consumer
Protection, of the House Commerce Committee on September 4, 1997
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Testimony of Ronald D. Lee, Associate Deputy Attorney
General, addressing encryption before the Subcommittee on Courts and Intellectual
Property, of the House Committee on the Judiciary (March 4, 1999)
The nation's policy on encryption must carefully balance important competing
interests. The Department of Justice has a vital stake in the country's
encryption policy because encryption may be used not only to protect lawful
data against unauthorized intruders, it may also be used to conceal illegitimate
materials from law enforcement. While we support the spread of strong encryption,
we believe that the widespread dissemination of unbreakable encryption
without any accommodation for law enforcement access is a serious threat
to public safety and to the integrity of America's commercial infrastructure.
Our goal is to encourage the use of strong encryption to protect privacy
and commerce, but in a way that preserves (without extending) law enforcement's
ability to protect public safety and national security. Accordingly, the
Administration has promoted the manufacture and use of key recovery products,
aided the development of a global key management infrastructure ("KMI"),
and liberalized United States restrictions on the export of robust cryptographic
products. We anticipate that market forces will make key recovery products
a de facto industry standard and thus preserve the balance of privacy and
public safety that our Constitution embodies.
A. Department of Justice Frequently Asked Questions ("FAQ") on Encryption
Policy
The Department of Justice is often asked for its concerns about
encryption, or for the Administration viewpoint on encryption policy. The
Department appreciates the opportunity to respond to such questions on
this complex subject. A set of frequently asked questions (and answers)
may be accesessed via the link below:
B. Attorney General Janet Reno Addresses the High Technology
Crime Investigation Association 1999 International Training Conference
On Monday, September 20, 1999, Attorney General Janet Reno
addressed the High Technology Crime Investigation Association 1999 International
Training Conference in San Diego, California. Her speech focused
on the importance of interagency and state and federal law enforcement
cooperation, as well as on the Department of Justice’s policy position
on encryption regulation.
C. Letter from Attorney General Janet Reno and others
to Members of Congress regarding law enforcement's concerns related to
encryption
On July 18, 1997, Attorney General Janet Reno and others sent
a letter to Members of Congress outlining law enforcement's concerns about
the public safety and national security threats posed by unbridled availability
of strong encryption. It urged legislators to support a balanced approach
that supports commercial and privacy interest while maintaining law enforcement's
ability to investigate and prosecute serious crime. This letter was co-signed
by:
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Louis Freeh, Director, Federal Bureau of Investigation
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Barry McCaffrey, Director, Office of National Drug Control Policy
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Thomas A. Constantine, Director, Drug Enforcement Administration,
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Lewis C. Merletti, Director, United States Secret Service
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Raymond W. Kelly, Undersecretary for Enforcement, U.S. Department of Treasury
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George J. Weise, Commissioner, United States Customs Service
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John W. Magaw, Director, Bureau of Alcohol, Tobacco and Firearms
An image of the letter, as signed, as well as the text of the letter is
available via the links below:
D. Senate Hearings on "Privacy in a Digital Age: Encryption and Mandatory
Access"
Robert S. Litt, Principal Associate Deputy Attorney General,
Department of Justice, testified before the Subcommittee on the Constitution,
Federalism, and Property Rights, of the Committee on the Judiciary of the
United States Senate on March 17, 1998. His testimony addressed legal issues,
constitutional issues, and law enforcement issues related to encryption.
His testimony is available via the link below:
Testimony
of Robert S. Litt, Principal Associate Deputy Attorney General, Department
of Justice, before the Subcommittee on the Constitution, Federalism, and
Property Rights, of the Committee on the Judiciary of the United States
Senate on March 17, 1998.
E. Testimony of Robert S. Litt, Deputy Assistant Attorney General,
before the Subcommittee on Telecommunications, Trade and Consumer Protection,
of the House Commerce Committee, on September 4, 1997
Robert S. Litt, Deputy Assistant Attorney General, Criminal
Division, Department of Justice, testified before the Subcommittee on Telecommunications,
Trade and Consumer Protection, of the House Commerce Committee, on September
4, 1997. His testimony addressed encryption and one of the bills proposing
to modify the United States' regulation of cryptography, H.R. 695. His
tesimony, and a summary of his testimony, is available via the link below.
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Summary
of Robert Litt's testimony before the Subcommittee on Telecommunications,
Trade and Consumer Protection, of the House Commerce Committee, on September
4, 1997
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Robert
Litt's testimony before the Subcommittee on Telecommunications,
Trade and Consumer Protection, of the House Commerce Committee, on September
4, 1997
F. Ronald D. Lee, Associate Deputy Attorney General, testifies
regarding encryption before the Subcommittee on Courts and Intellectual
Property, of the House Committee on the Judiciary (March 4, 1999)
Ronald D. Lee, Associate Deputy Attorney General, Department
of Justice, testified before the Subcommittee on Courts and Intellectual
Property, of the House Committee on the Judiciary, on March 4, 1999. His
testimony addressed law enforcement policy regarding encryption, and, more
particularly, H.R. 850, the proposed Security and Freedom through Encryption
Act. His testimony is available via the link below:
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