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HR 3011 104th Congress House Crime and Law Enforcement Armed Forces and National Security Computer crimes Computer security measures Computer software Computers Criminal investigation Cryptography Export controls Finance and Financial Sector Fines (Penalties) Foreign Trade and International Finance Foreign banks and banking International Affairs Law Licenses Science, Technology, Communications Technology transfer Terrorism

Security and Freedom Through Encryption (SAFE) Act

Introduced: March 5, 1996 See on congress.gov
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 Everywhere this bill has been 5 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
Sep 25, 1996
Committee Hearings Held.
Mar 25, 1996
Referred to the Subcommittee on International Economic Policy and Trade.
Mar 5, 1996
Referred to the Committee on the Judiciary, and in addition to the Committee on International Relations, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Mar 5, 1996
Sponsor introductory remarks on measure. (CR E276-277)
Mar 5, 1996
Introduced in House
 Plain-English summary Congressional Research Service

Security and Freedom Through Encryption (SAFE) Act - Amends the Federal criminal code to permit any person within any State, and any U.S. person in a foreign country, to use any encryption regardless of the encryption algorithm selected, encryption key length chosen, or implementation technique or medium used, with an exception for the unlawful use of encryption in furtherance of a criminal act.

Allows any person within any State to sell in interstate commerce any encryption.

Specifies that no person in lawful possession of a key to encrypted information may be required by Federal or State law to relinquish to another person control of that key, with an exception for access for law enforcement purposes.

Sets penalties for the willful use of encryption in furtherance of the commission of a criminal offense.

(Sec. 3) Amends the Export Administration Act of 1979 to grant the Secretary of Commerce exclusive authority to control exports of all hardware, software, and technology for information security (including encryption), except that which is specifically designed or modified for military use.

Prohibits requiring any validated license (with limited exceptions pursuant to the Trading With The Enemy Act or the International Emergency Economic Powers Act) for the export or reexport of any: (1) software, including software with encryption capabilities that is generally available as is and that is designed for installation by the purchaser, or that is in the public domain for which copyright or other protection is not available or is available to the public because it is generally accessible to the public in any form; or (2) computing device solely because it incorporates or employs in any form software (including software with encryption capabilities) exempted from any requirement for a validated license under this section.

Directs the Secretary to authorize the export or reexport of: (1) software with encryption capabilities for nonmilitary end-uses in any country to which exports of software of similar capability are permitted for use by financial institutions not controlled in fact by U.S. persons, unless there is substantial evidence that such software will be diverted to a military end-use or an end-use supporting international terrorism, modified for military or terrorist end-use, or reexported without any U.S. authorization that may be required under the Act; and (2) computer hardware with encryption capabilities if the Secretary determines that a product offering comparable security is commercially available outside the United States from a foreign supplier without effective restrictions.

What's happening now September 25, 1996

Committee Hearings Held.

 Committees of jurisdiction 3
 Cosponsors 1
All 1 Democratic 1