In addition, the bill should acknowledge that cryptography is a science in which the United States has always been a leader, and the science of cryptography needs to grow and develop through the free and open exchange of ideas, including computer software and related items, among scientists, academics and others around the world. It should also note that such exchanges are protected by the Constitution. Similarly, the statute should specify that no license is required for software or related technology that is published or shared as part of the development of the science of cryptography. The exception for products where competitors will be releasing their products within 18 months puts government in the despicable role of interfering with free trade. The use of encryption in the commission of a crime should not trigger additional criminal penalties.
Encryption is speech protected by the First Amendment.
This added punishment will create a chilling effect on this speech. With the past as our guide, we are concerned that the creation of the NET Center may result in businesses being strong-armed by government agencies into weakening encryption. The bill extends the technical review requirement to all software, by requiring any software that includes programming interfaces to be submitted for a one-time review before export. This would include operating systems, servers, browsers, e-mail programs, word processors and spreadsheets. There has never been any regulatory or statutory basis for requiring agency approval of software that does not actually contain encryption.