The Encryption Debate: Intelligence Aspects (CRS Report for Congress)
| Release Date |
Nov. 4, 1998 |
| Report Number |
98-905 |
| Report Type |
Report |
| Authors |
Keith G. Tidball and Richard A. Best, Jr., Foreign Affairs and National Defense Division |
| Source Agency |
Congressional Research Service |
Summary:
The 106th Congress is expected to resume an ongoing debate on restricting the export of
sophisticated computer encryption systems. In the 105th 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 105th 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.
