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1 (November 4, 1998)

handle is hein.crs/crsmthmashx0001 and id is 1 raw text is: 
         98-905 F
November  4, 1998


The Encryption Debate: Intelligence Aspects

                         (name  redacted)
                      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' 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' 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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