S. 377 - Pro. C.O.D.E.

Title.  Promotion of Commerce Online in the Digital Era Act.

Sponsors.  Sen. Conrad Burns (R-MT).  Cosponsors: Leahy, Nichols, Hutchinson, Wyden, Domenici, Campbell, Brownback, Kempthorne, Faircloth, Allard, Gordon Smith, Lott, Dorgan, Craig, Ashcroft, Thomas, Boxer, Murray, Inhofe, Grams, Enzi, and Gorton.

Summary.  S 377 IS would prohibit the Secretary of Commerce (acting through the National Institute of Standards and Technology or otherwise) from promulgating or enforcing regulations, or otherwise adopting standards or carrying out policies: (1) that result in encryption standards intended for use by businesses or entities other than Federal computer systems; or (2) in a manner inconsistent with this Act, or that have the effect of imposing Government-designed encryption standards on the private sector by restricting the export of computer hardware and computer software with encryption capabilities.

Status. This bill has stalled in the Senate.

History with Links to Documents, Stories, and other Materials.

• 2/27/97, S. 377 IS introduced in Senate by Sen. Burns, and referred to Commerce Committee.
• 3/19/97, Senate Commerce Committee hearing.
• The Senate Commerce Committee passed an amendment in the nature of a subsitute, rather than S 377 IS.

Other Resources.

• Related Bills: S 2067 (E-Privacy Act), HR 695 (SAFE Act).
• Senator Burns' Crypto Policy Webpage.
• Several groups which support strong encryption have websites which contain considerable materials pertaining to the issues and history of encryption legislation proposals.  See for example:
• Electronic Privacy Information Center.
• Electronic Frontier Foundation.
• Center for Democracy and Technology - Crypto Policy Page.  CDT is a non-profit group which advocates civil liberties issues. Jim Dempsey, Senior Staff Counsel, and Alan Davidson, Staff Counsel, 202-637-9800.  Encryption Privacy Resource Page.  Another website provided by the CDT.
• Americans for Computer Privacy.
• Federal Bureau of Investigation.
• Freeh testimony on encryption before Senate Select Committee on Intelligence, 1/28/98.