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1 1 (November 4, 1998)

handle is hein.crs/crsabcn0001 and id is 1 raw text is: 98-905 F November 4, 1998 The Encryption Debate: Intelligence Aspects Keith G. Tidball and Richard A. Best, Jr. Specialist in National Defense Foreign Affairs and National Defense Division Summary The 106th Congress is expected to resume an ongoing debate on restricting the export of sophisticated computer encryption systems. In the 105'h Congress strong support for removing encryption export restrictions and allowing U.S. software firms to compete in the world marketplace was balanced by concern that widespread availability of such systems could undercut important law enforcement and intelligence interests. No encryption legislation passed in the 105'h Congress. The Clinton Administration relaxed some restrictions on encryption sales based on existing export legislation, but opposes the complete lifting of restrictions out of concern that use of highly sophisticated encryption might hinder law enforcement and intelligence collection efforts. The views of law enforcement agencies have been forcefully set forth by FBI Director Louis Freeh, but less has been said about the implications for the collection of foreign intelligence especially by the National Security Agency (NSA) which is responsible for acquiring information from foreign communications. Although such concerns are necessarily shrouded in secrecy, they are likely to have an important influence in the ongoing congressional debate. This report will not be updated. Background Encryption and decryption are methods of using cryptography, the science of writing and reading messages in code, to safeguard the confidentiality of data and communications. A message that is encrypted is electronically scrambled-translated by a computer according to an equation or algorithm into unreadable text that can only be understood by someone who possesses the key to unscramble it, or decrypt, it. Simple encryption systems can be broken by brute force-using computers to try every possible combination. Messages encrypted by the stronger systems now becoming available can be broken only after many years of computer time or if there is access to the key. To better protect their information, businesses and consumers want the stronger computer encryption products that have become available in recent years. Encryption software producers also want the opportunity to sell stronger encryption products competitively in international markets. At present no restrictions govern the sale or use Congressional Research Service **** The Library of Congress CRS Report for Congress Received through the CRS Web

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