Novell's Chief Software Architect Adds Momentum to Growing Movement for Better Federal
Encryption Laws
Michael MacKay Testifies Before Senate Judiciary on Need for Market-Driven Key Recovery
Systems
Washington, D.C. -- July 9, 1997 -- Michael MacKay, vice president corporate
architecture for Novell, Inc., today in testimony before the Senate Judiciary Committee added to the
groundswell of U.S. computer industry leaders and consumers urging the Federal government to adopt
more competitive and realistic laws governing the export and control of encryption technology. MacKay
testified on behalf of Novell and two software-industry trade associations: the Business Software Alliance,
and the Software Publishers Association.
MacKay, who heads the design of Novell's market-leading networking software used worldwide by more
than 55 million people, asked the Committee to reject the administration's current restrictions on
cryptography exports and proposed plan to establish a third-party system to store and recover information
("keys") used to decode encrypted messages.
"The administration's key recovery scheme will not work," MacKay testified "It entails a massive,
worldwide bureaucracy. It is based on technology that does not yet exist. It is in all likelihood prohibitively
expensive. It assumes that criminals who do not want to use it will have no other choice. And it may
actually increase the vulnerability of law abiding citizens who do use it. Taken together, these conditions
spell failure."
MacKay's testimony reflects Novell's leadership role in advancing technology for electronic commerce over
the Internet. As part of this effort, Novell chairman and CEO Dr. Eric Schmidt is representing the software
industry as a lead spokesman on encryption and other electronic commerce issues.
Making the Case for Market-Driven Key Recovery
MacKay joined a chorus of business leaders and technical experts voicing support for legislation such as:
S.376, the Encryption Communications Privacy Act (ECPA); H.R. 695: the Security and Freedom through
Encryption Act (SAFE), and S.377, the Promotion of Commerce On-Line in the Digital Era (Pro-CODE)
Act. These measures would eliminate most export restrictions on cryptography and leave the creation of
key recovery services to private-sector initiatives.
According to MacKay, a shift away from export restrictions and government control of key recovery will
"place industry on a level international playing field, provide consumers with choice, and strengthen our
national security. In order to keep U.S. American jobs at home and American computer users adequately
protected, the U.S. government must nurture market-driven key recovery systems and update export
controls to reflect technological and international realities," he testified.
MacKay emphasized that better encryption laws will benefit consumers and end-user businesses, as well as
technology vendors. "People everywhere are demanding the ability to use encryption to protect their
electronic information and to interact securely worldwide," he stated. "Fortunately, American companies
have exciting and innovative products that can meet this demand and compete internationally. But unless
the current unilateral U.S. export restrictions are changed to allow the use of strong encryption, American
individuals and businesses will not be active participants in this new networked world of electronic
commerce -- let alone continue to be the leaders in its development."
Founded in 1983, Novell is the world's leading provider of network software. The company offers a wide
range of network solutions for distributed network, Internet/intranet and small-business markets, as well as
the network computing industry's most comprehensive education and technical support programs.
Novell Press Contact:
Jonathan Cohen
Phone: (408) 577-7268
Internet: jcohen@novell.com
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