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When Ashcroft Sang a Different Tune

Back in 1997, then-Senator John Ashcroft had a different view of government surveillance. How do we make him rediscover his inner child?

[Senator Ashcroft takes issue with administration views on the Internet
and the use of encryption technology.]

The Clinton administration would like the Federal government to have the capability to read any international or domestic computer communications. The FBI wants access to decode, digest, and discuss financial transactions, personal e-mail, and proprietary information sent abroad -- all in the name of national security. To accomplish this, President Clinton would like government agencies to have the keys for decoding all exported U.S. software and Internet communications.

This proposed policy raises obvious concerns about Americans' privacy, in addition to tampering with the competitive advantage that our U.S. software companies currently enjoy in the field of encryption technology. Not only would Big Brother be looming over the shoulders of international cyber-surfers, but the administration threatens to render our state-of-the-art computer software engineers obsolete and unemployed.

There is a concern that the Internet could be used to commit crimes and that advanced encryption could disguise such activity. However, we do not provide the government with phone jacks outside our homes for unlimited wiretaps. Why, then, should we grant government the Orwellian capability to listen at will and in real time to our communications across the Web?

The protections of the Fourth Amendment are clear. The right to protection from unlawful searches is an indivisible American value. Two hundred years of court decisions have stood in defense of this fundamental right. The state's interest in effective crime-fighting should never vitiate the citizens' Bill of Rights.

...I believe that moving forward with the president's policy or the Commerce Committee's bill would be an act of folly, creating a cadre of government "peeping toms" and causing severe damage to our vibrant software industries. Government would be caught in a perpetual game of catch-up with whiz-kid code-breakers and industry advances. Senate Majority Leader Trent Lott has signaled his objection to both proposals.

The administration's interest in all e-mail is a wholly unhealthy precedent, especially given this administration's track record on FBI files and IRS snooping. Every medium by which people communicate can be subject to exploitation by those with illegal intentions. Nevertheless, this is no reason to hand Big Brother the keys to unlock our e-mail diaries, open our ATM records, read our medical records, or translate our international communications.

Global Issues
USIA Electronic Journal, Vol. 2, No. 4, October 1997

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