A market-friendly encryption bill that would relax export controls and ban mandatory domestic key recovery has gained majority support in the House. But whether it will become law remains in doubt.
"We think there will be a positive outcome, although we have a lot more work to do," Representative Bob Goodlatte (R-Virginia), the chief sponsor of the bill, said at a news conference Tuesday.
The Security and Freedom Through Encryption Act would relax current export controls on data-scrambling technology. It also would ban domestic key recovery - a system that national security officials have been lobbying hard for in recent months because they say it would prevent them from unlocking encrypted data when investigating crimes.
Among the 92 Democrats and 158 Republicans supporting the bill are heavy-hitters like Minority Leader Dick Gephardt (D-Missouri) and Whip Tom DeLay (R-Texas).
Notably missing from the list of co-sponsors, however, is Speaker Newt Gingrich. Goodlatte said recently that the Georgia Republican is warming to the bill and "basically understands the nature of the problem."
Neither Gingrich nor his aides could be reached for comment.
But even if the House bill passes, no companion bill exists in the Senate. Instead, a bill sponsored by Senators John McCain (R-Arizona) and Bob Kerrey (D-Nebraska) would mandates key recovery within the United States while upholding current crypto-export controls. Goodlatte said he has been meeting with the senators to reconcile their differences.
"I think we will get something closer to our point of view," Representative Zoe Lofgren (D-California), one of Goodlatte's principal co-sponsors, said at the news conference.
But even if the Senate decides to support the Goodlatte approach to encryption policy, President Clinton has said he will not sign an encryption bill that does not meet national security needs.
The bill still must get through the Commerce, Select Intelligence, and National Security committees by 5 September before moving onto the floor. Only one co-sponsor of the 250 announced is on the Select Intelligence Committee, and it is entirely possible that the committee will offer up a more restrictive alternative bill to Goodlatte's proposal.
"With this kind of support, it will be very difficult to stop," said Mike Pettit, legal counsel for Netscape.
