Overhaul of SAFE bill approved
In a setback to privacy advocates, a House committee approves an amendment to overhaul the Security and Freedom through Encryption Act.
The amendment, passed 45 to 1 by the House National Security Committee, would radically change the SAFE bill by reaffirming government export regulations on cryptography.
Sponsored by Reps. Curt Weldon (R-Pennsylvania) and Ron Dellums (D-California), the amendment is a far cry from the original impetus of the SAFE act, which set to significantly loosen government export controls on encryption.
Opponents of export controls saw it a different way. "This amendment would hinder the widespread availability of encryption," said Jonah Seiger, a spokesman for the Center for Democracy and Technology in Washington, D.C. "Until now, this bill has been moving in a positive direction for us. This is a setback."
The amendment might also prohibit current exceptions for the export of certain types of encryption software, such as those for banks, he noted.
The bill now heads for the House Intelligence Committee, where further amendments are likely to be added. Both the Intelligence and the National Security committees tend to favor export controls, because they view encryption as a threat to information-gathering activities by U.S. military and law enforcement officials.
"Unfortunately, it's very hard when you put privacy up against national security," added Seiger. "Traditionally, privacy loses, and that's in part what happened today."
Besides sparking criticism from civil libertarians and many within the computer industry, the amendment doesn't sit well with officials at the Commerce Department, which administers encryption export controls. Undersecretary of Commerce William Reinsch told Reuters that he opposes a portion of the amendment that would give the secretary of defense veto power over encryption export decisions.
Staff aides to Rep. Robert Goodlatte (R-Virginia), the bill's sponsor, could not immediately be reached for comment.