BP BHEAD INT S [atlas:bill]

TO THE HONORABLE WILLIAM J. CLINTON, PRESIDENT OF THE UNITED STATES, AND TO THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, AND TO THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED STATES, IN CONGRESS ASSEMBLED, AND TO THE JUSTICE DEPARTMENT, THE DEPARTMENT OF COMMERCE, AND TO THE FEDERAL BUREAU OF INVESTIGATION:

We, your Memorialists, the Senate and House of Representatives of the State of Washington, in legislative session assembled, respectfully represent and petition as follows:

WHEREAS, Consumers and businesses have a legitimate interest in the protection of their privacy and keeping financial, personal, and proprietary information confidential; and

WHEREAS, Individuals should be secure from government interference in their right to privately conduct communications; and

WHEREAS, The threat is spreading that information transmitted electronically will be seized by hackers or criminals and used for illegal purposes, such as theft and fraud; and

WHEREAS, Consumers and businesses will not transmit information electronically if they do not feel that their information is adequately protected; and

WHEREAS, United States consumer commerce on the world-wide web is expected to reach six billion dollars in 1998; and

WHEREAS, Washington state has a large and growing number of successful businesses that depend on the future viability of electronic commerce; and

WHEREAS, Electronic commerce will not prosper unless business information is secure and consumer privacy is protected; and

WHEREAS, The technology exists to protect digitally transmitted information and encryption programs are the key to information security; and

WHEREAS, The market for encryption is large and growing; and

WHEREAS, Encryption programs are manufactured worldwide in countries that place no restrictions on encryption; and

WHEREAS, American software makers will be unable to compete globally if not permitted to manufacture and sell strong encryption products both domestically and abroad and will lose market share to foreign software makers; and

WHEREAS, Foreign dominance in the encryption market will mean the spread of products that do not meet United States law enforcement needs; and

WHEREAS, Criminals will use various means to acquire encryption even if it is banned; and

WHEREAS, New and innovative methods are being developed and should be developed to catch criminals without inhibiting free trade; and

WHEREAS, Washington state software manufacturers could contribute to the development of innovative law enforcement methods; and

WHEREAS, Foreign dominance in the encryption market will mean the loss of domestic jobs; and

WHEREAS, The software and computer services sector supports 7.5 percent of Washington state's aggregate employment; and

WHEREAS, The average wage per Washington state software sector employee is almost five times the state-wide average income; and

WHEREAS, A loss of jobs in the software and computer services sector will create severe economic repercussions in Washington state and throughout the nation; and

WHEREAS, The optimal United States policy would promote privacy and information security, not bar the manufacture, sale, or use of any form of encryption within the United States; give priority to research, development, and deployment of new technological capabilities for law enforcement for use in coping with technological challenges; and streamline and progressively relax export licensing controls of cryptography;

NOW, THEREFORE, Your Memorialists respectfully pray that United States policy promote privacy and information security; not bar the manufacture, sale, or use of any form of encryption within the United States; give priority to research, development, and deployment of new technological capabilities for law enforcement; and streamline and progressively relax export licensing controls on cryptography.

BE IT RESOLVED, That copies of this Memorial be immediately transmitted to the Honorable William J. Clinton, President of the United States, the Justice Department, the Department of Commerce, the Federal Bureau of Investigation, the President of the United States Senate, the Speaker of the House of Representatives, and each member of Congress from the State of Washington.