Now PGP's owner, Network Associates, can email it worldwide. Also on Tuesday, Microsoft said it would release its Windows 2000 operating system worldwide with strong encryption built in. The new rules do not decontrol encryption products, and users are cautioned to consult the new regulations carefully before exporting encryption. The complex restrictions are likely to burden those who wish to share security tools or encryption source code with those abroad, and leave many constitutional free speech objections and privacy concerns unresolved. Also uncertain is the impact of the new rules on the Bernstein case's First Amendment challenge to crypto export limits.
Much work remains to be done.
Vigilant monitoring of implementation is needed to ensure that the promised relief materializes. Ambiguities in the rules must be clarified. The free speech concerns remaining must be addressed. And a whole new debate is opening up on the other aspects of the Administration's September announcement, including new authorities for law enforcement access to decryption keys and other personal information. CDT encourages those interested to stay involved by being a part of CDT's activist network.