In an effort to reach some middle ground on regulating encryption technology, the Senate's Pro-CODE bill would establish an "Information Security Board" composed of federal agencies to develop export controls on computer security issues, Wired News has learned.
Under the final draft of the Promotion of Commerce Online in the Digital Era bill obtained by Wired News, the board would keep national security agencies such as the FBI and the Justice Department up to date on emerging technologies. Commerce Committee staffers said Monday that industry leaders on computer security would act as consultants for the board.
The board would meet at least quarterly to help troubleshoot sticky issues of emerging security technologies - a move aimed at resolving an impasse between industry, Congress, and the Clinton administration, Commerce Committee staffers said.
"Now the only communication channels we have are export applications and congressional hearings," said Shabbir J. Safdar, co-founder of the Voters Telecommunications Watch. "Greater communication between industry and law enforcement is not a bad thing."
Sponsored by Senator Conrad Burns (R-Montana) the Pro-CODE bill as of Monday had 15 co-sponsors, and is likely to be introduced when the Senate reconvenes next week.
Like last year's version of Pro-CODE - which languished in committee during the final days of Congress - the bill calls for no export controls on encryption technology. The Clinton administration currently places the limit on encryption export at 56-bits, with an option for key escrow. However, last week Open Market was granted an export license for the virtually unbreakable 128-bit encryption without a key escrow option, on condition it be used only for protecting privacy in financial transactions.
A similar encryption bill, the Security and Freedom Through Encryption Act (SAFE), was introduced in the House last week by Republican Representative Bob Goodlatte of Virginia. But unlike the Pro-CODE bill, SAFE provides criminal penalties of five to ten years in prison for using encryption in a crime. Pro-CODE merely states that the Commerce Department - which has jurisdiction over encryption exports - can prohibit the export of encryption products known to be used to support international or domestic terrorism.
