Security and Freedom Through Encryption (SAFE) Act
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, and any person within any State to sell in interstate commerce, any encryption regardless of the encryption algorithm selected, encryption key length chosen, or implementation technique or medium used. Makes an exception for and prohibits knowingly and willfully encrypting incriminating communications or information relating to commission of a felony to conceal such information from law enforcement agencies.
Specifies that no person in lawful possession of a key to encrypted communications or 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.
(Sec. 3) Grants the Secretary of Commerce, with the concurrence of the Secretary of Defense, authority to control the export of encryption products not controlled on the United States Munitions List. Declares that decisions by the Secretary regarding such exportation are not subject to judicial review.
Makes encryption products with encryption strength equal to or less than the level identified in this section eligible for export under a license exception after a one-time review, if the encryption product being exported: (1) does not include features that would otherwise require licensing under applicable regulations; (2) is not destined for countries, end-users, or end-uses that the Secretary has determined, with the Defense Secretary's concurrence, are ineligible to receive such products; and (3) is otherwise qualified for export.
Directs the President to notify the Congress annually of the maximum level of encryption strength that could be exported from the United States under license exception pursuant to this section without harm to U.S. national security. Bars such level from becoming effective until 60 days after such notification.
(Sec. 4) Directs the Attorney General to compile, maintain in classified form, and make available to any Member of Congress, upon request, data on the instances in which encryption has interfered with, impeded, or obstructed the ability of the Department of Justice to enforce the U.S. criminal laws.
Sponsor introductory remarks on measure. (CR H1701-1702)
- Armed Services Committee
- Courts, Intellectual Property, Artificial Intelligence, and the Internet Subcommittee
- Energy and Commerce Committee
- Foreign Affairs Committee
- Intelligence (Permanent Select) Committee
- International Economic Policy and Trade Subcommittee
- Judiciary Committee
- Telecommunications, Trade, and Consumer Protection Subcommittee