The McCain-Kerrey
Bill
The Senate Commerce Committee approved the McCain-Kerry
"Secure Public Networks Act" (S. 909) on June 19-- a bill which would
for the first time impose domestic restrictions on the ability of
American citizens to use encryption technologies to protect their
privacy and security inside the United States.
The main purpose of the Bill is to regulate certificate
authorities (CAs). CAs are trustworthy entities such as bank or
credit card companies that can provide assurances of identity in
cyberspace by issuing certificate of encryption which links keys to
encryption users. The Bill states that an encryption user cannot
obtain a certificate for encryption without storing a copy of his or
her private decryption key or other recovery information with the
third party. The Bill requires CAs to release any encryption user's
keys upon a mere subpoena without a judicial order. CAs are
forbidden to inform encryption users of such a release.
The Bill also codifies a 56-bit key length limit on exports
of any encryption products which does not use key recovery.
Persons whose recovery information is unlawfully obtained or
used may bring a civil action against the U.S. government.
Individuals NOT participating in key recovery are not similarly
protected.
The Bill also creates fifteen new federal crimes regarding to
the use of encryption.
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