In 1987, Congress passed the Computer Security Act, a law intended to limit NSA's role in developing standards for the civilian communications system. In spite of that legislation, the agency has played a leading role in the Clipper initiative and other civilian security proposals. NSA has classified the Skipjack algorithm on national security grounds, thus precluding independent evaluation of the system's strength. CPSR has filed suit under the Freedom of Information Act seeking the disclosure of the secret algorithm and other information concerning the Clipper plan. The key-escrow system was developed at the urging of the FBI and other law enforcement agencies, which claim that the increasing availability of strong encryption programs will interfere with their ability to conduct wiretapping.
Electronic surveillance is just one of many investigative techniques available to law enforcement.
It is to protect the viability of that small number of wiretaps from an unsubstantiated risk that the FBI and NSA have proposed to compromise the security of billions of electronic transactions. The government exerts enormous pressure in the marketplace, and it is unlikely that alternative means of encryption will remain viable. Further, the possibility of Clipper becoming mandatory at some time in the future is quite real given the underlying rationale for the system. If criminals do, indeed, intend to use encryption to evade electronic surveillance, they are unlikely to voluntarily use the Clipper technology. Stay informed of relevant developments by reading the CPSR Alert and other periodic announcements.