A major
ongoing debate related to terrorism and the Internet is the
question of encryption. Encryption is software technology that
locks computerized information to keep it private. Only those
with an "electronic key" can decipher the information.
On the
one hand, encryption protects individual and corporate privacy
and is a fundamental building block of electronic commerce.
On the other hand, police and intelligence agencies oppose denying
the government access to electronic information because terrorists
and other criminals can use encryption technology to conduct
illegal activities while avoiding government monitoring. World
Trade Center bombing mastermind, Ramzi Ahmed Yousef, for example,
utilized encryption technology in his foiled plot to blow up
11 U.S. airliners in the Far East.
Writing
in The Journal of Information Policy, Attorney General
Janet Reno said, "The potential harm to public safety and
national security from the widespread distribution of encryption
is already apparent. We have begun to encounter encryption in
criminal cases. More and more frequently, criminals are encrypting
data on their computers.... Terrorists in New York City were
plotting to bomb the United Nations Building, the Lincoln and
Holland Tunnels, and the main federal building. Court-ordered
electronic surveillance enabled the FBI to disrupt the plot,
and the evidence obtained was used to convict the conspirators....
We must work quickly, and together, to develop global solutions
that will promote privacy and commerce, yet protect us all."
Citing
national security concerns, the Administration has restricted
U.S. exports of encryption software, thus denying American companies
the ability to fully compete with foreign manufacturers in the
market for encryption technology. Citing privacy issues, many
in the private sector and in Congress oppose the Administration's
export restrictions as well as the Administration's efforts
to gain access to encrypted information.
The
Administration's position was strengthened in December 1998
when the 33 members of the Wassenaar Arrangement, a multilateral
export-control group, reached an international agreement that
places new restrictions on the exporting of encryption software
and hardware. The new restrictions are expected to help U.S.
companies compete with their counterparts abroad.
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of Article