Statement by Sen. Conrad Burns (R-MT). Re: Administration encryption export policy announcement of Sept. 16, 1999. Date: September 16, 1999. Source: Office of Sen. Conrad Burns.

Outdated Encryption Policy May Change
Burns Says 'War Is Not Won, 'But Sees Progress on Encryption Exports

WASHINGTON, D.C. -- Montana Senator Conrad Burns today said he was optimistic about the forthcoming administration announcement on the relaxation of encryption export controls, but said he would reserve his ultimate judgment until the proposed regulatory changes have been released.

Burns has heard from a number of sources that the Clinton administration will today announce proposed changes to encryption export policy, but the new regulations will not be unveiled for a few weeks. The proposed changes will allow the export of highly encrypted software to all but a handful of nations, like Iraq and North Korea, after a one-time review. This is a reversal of administration policy that has only allowed the export of low-end encryption.

Burns has been pushing for the export of high-end encrypted software for years. He was the chief sponsor of encryption reform legislation in the 104th and 105th congresses, and he is the original cosponsor of similar legislation, the PROTECT Act, this year.

"After years of fighting an ill-conceived encryption policy that has left American businesses and consumers in the cold, I am happy that the Clinton administration seems to be pulling its head from the sand," Burns said. "That is not to say that the war is won yet. I want to see the new regulations before I say I'm satisfied.

"Strong encryption is one of the most important factors in building a truly international marketplace over the Internet. Encryption reform will allow a rancher from Twodot, Montana, to do business with someone in Athens, Greece, and have confidence that no one will intercept any correspondence or even money. The export of highly encrypted software is one of the boldest and smartest moves we can make for the future,"

Burns said that the administration may also propose a plan that would effectively give law enforcement agencies keys to any software containing strong encryption.

"As I understand it, the administration will not tie the encryption plan to their misguided and scary proposal to give the FBI a key to everyone's encrypted software," Burns said. "If they do tie the two together, it will sink an otherwise promising step in the right direction. Americans should not have to give up their privacy to federal law enforcement officers in order to use software engineered to protect their privacy. That just does not make sense."

Burns is chairman of the Senate Communications Subcommittee, which oversees many Internet issues, and he is the original cosponsor of the PROTECT Act, which seeks to reform U.S. encryption policy. Burns has been a leader in the movement for encryption reform for the past five years.