FBI, White House Want Voluntary Encryption Policy

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March 17, 1998 (2:04 PM EST)

FBI, White House Want Voluntary Encryption Policy

By Mary Mosquera,

WASHINGTON, D.C. -- The Federal Bureau of Investigation (FBI) backpedaled Tuesday from its stance that law enforcement agencies should be given keys to encrypted data, saying it supports voluntary industry controls rather than new laws concerning encryption.

The FBI's new position brings it into line with the White House. "The administration and the FBI have the same position, and that is not mandating legislation, but pursuing a cooperative position with industry," said Robert Litt, an attorney with the Justice Department, which includes the FBI.

Litt, along with representatives of the IT industry and academics, was testifying before the Senate judiciary committee on encryption legislation Tuesday.

Encryption scrambles data to protect privacy and provide security. There are no limits on domestic encryption, but Congress is debating whether to require a key to unscramble data, as well as whether to continue limiting the export of strong encryption products overseas.

Federal law enforcement agencies want access to the key, which could be put in escrow or held by a third party, to fight crime. Litt said law enforcement has been frustrated by strong encryption in cases in which a hacker breaks into government computers and keeps the data on his computer, as well as in drug cases where investigators were unable to break encrypted code containing the names of drug dealers and dates of drug deals.

But critics say such a key would violate U.S. citizens' right to privacy, and limits on encryption exports hurt U.S. businesses. Those critics include local police groups, such as the Law Enforcement Alliance of America.

"I cannot and will not support a policy that potentially victimizes law-abiding citizens," said James Fotis, executive director of the alliance.

An encryption bill is now working its way through the House of Representatives. The Security and Freedom through Encryption Act, H.R. 695, would prohibit the existence of a key to unscramble private data, but also makes using encryption to hide evidence from law enforcement a crime.

The House bill would require that law enforcement go beyond the "show cause" criterion for a telephone wiretap to prove that encrypted material is relevant to a case before using a key.