Presidential Directive Authorizing the Clipper Initiative This is the confidential Presidential directive authorizing Clipper initiative. (Declassified document obtained by the Electronic Privacy Information Center under the Freedom of Information Act.) THE WHITE HOUSE WASHINGTON April 15, 1993 SUBJECT: Public Encryption Management Advanced telecommunications and commercially available encryption are part of a wave of new computer and communications technology. Encryption products scramble information to protect the privacy of communications and data by preventing unauthorized access. Advanced telecommunications systems use digital technology to rapidly and precisely handle a high volume of communications. These advanced telecommunications systems are integral to the infrastructure needed to ensure economic competitiveness in the information age. Despite its benefits, new communications technology can also frustrate lawful government electronic surveillance. Sophisticated encryption can have this effect in the United States. When exported abroad, it can be used to thwart foreign intelligence activities critical to our national interests. In the past, it has been possible to reserve a government capability to conduct electronic surveillance in furtherance of legitimate law enforcement and national security interests, while at the same time protecting the privacy and civil liberties of all citizens. As encryption technology improves, doing so will require new, innovative approaches. In the area of communications encryption, the U.S. government has developed a microcircuit that not only provides privacy through encryption that is substantially more robust than the current government standard, but also permits escrowing of the keys needed to unlock the encryption. The system for the escrowing of keys will allow the government to gain access to encrypted information only with appropriate legal authorization. To assist law enforcement and other government agencies to.. collect and decrypt, under legal authority, electronically transmitted information, I hereby direct the following, action to be taken: d 10. INSTALLATION OF GOVERNMENT-DEVELOPED MICROCIRCUITS The Attorney General of the United States.. or her representative, shall request manufacturers of communications hardware which incorporates encryption to install the U.S. government-developed key-escrow microcircuits in their products. The fact of law enforcement access to the escrowed keys will not be concealed from the American public. All appropriate steps shall be taken to ensure thatany existing or future versions of the key-escrow microcircuit aremade widely available to U.S. communications hardware manufacturers,consistent with the need to ensure the security of the key-escrowsystem. In making this decision, I do not intend to prevent theprivate sector from developing, or the government from approving,other microcircuits or algorithms that are equally effective inassuring both privacy and a secure key-escrow system. KEY-ESCROW The Attorney General shall make all arrangements with appropriateentities to hold the keys for the key-escrow microcircuits installedin communications equipment. In each case, the key holder must agreeto strict security procedures to prevent unauthorized release of thekeys. The keys shall be released only to government agencies that haveestablished their authority to acquire the content of thoseCommunications that have been encrypted by devices containing themicrocircuits. The Attorney General shall review for legal sufficiencythe procedures by which an agency establishes its authority to acquirethe content of such communications. PROCUREMENT AND USE OF ENCRYPTION DEVICES The Secretary of Commerce, in consultation with other appropriateU.S. agencies, shall initiate a process to write standards tofacilitate the procurement and use of encryption devices fitted withkey-escrow microcircuits in federal communications systems thatprocess sensitive but unclassified information. expect this process toproceed on a schedule that will permit promulgation of final standardwithin six months of this directive. The Attorney General will procure and utilized encryption devices tothe extent needed to preserve the government's ability to conductlawful electronic surveillance and to fulfill the need for secure law enforcement communications. Further, The Attorney General shallutilize funds from the Department of Justice Asset Forfeiture SuperSurplus Fund to effect this purchase. /s/ William J.
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