Cybercrime is not a new problem. We have been aware of the vulnerabilities to terrorist attacks of our computer networks for more than a decade. It became clear to me, when I chaired a series of hearings in 1988 and 1989 by the Subcommittee on Technology and the Law in the Senate Judiciary Committee on the subject of high-tech terrorism and the threat of computer viruses, that merely hardening our physical space from potential attack would only prompt committed criminals and terrorists to switch tactics and use new technologies to reach vulnerable softer targets, such as our computer systems and other critical infrastructures. The government has a responsibility to work with those in the private sector to assess those vulnerabilities and defend them. That means making sure our law enforcement agencies have the tools they need, but also that the government does not stand in the way of smart technical solutions to defend our computer systems.
Encryption helps prevent cybercrime.
That is why, for years, I have advocated and sponsored legislation to encourage the widespread use of strong encryption. Encryption is an important tool in our arsenal to protect the security of our computer information and networks. The Administration made enormous progress when it issued new regulations relaxing export controls on strong encryption. The private sector must assume primary responsibility for protecting its computer systems. While criminal penalties may deter some computer criminals, these laws usually come into play too late, after the crime has been committed and the injury inflicted.