Subject: DPSWG Coalition's Digital Telephony Letter to White House ------------------------------------------------------------------ March 9, 1994 The President William J. Clinton The White House Washington, D.C. 20500 The Vice President of the United States United States Senate Washington, D.C. 20510 Dear Mr. President and Mr. Vice President: Telecommunications carriers and other members of the Digital Privacy and Security Working Group are keenly aware of the concerns raised by the Administration regarding the ability to intercept communications transmitted over advanced communications networks. We are concerned, however, about the nature of the process upon which the Administration has embarked to address these issues. Seeking immediate industry reaction to the FBI's draft legislation and congressional passage of such legislation shortly thereafter is troubling. It suggests curtailment of public debate and of congressional deliberation. Given the interest of the public in these matters and their complexity, it is essential that there be a full public debate on these issues. Industry is currently cooperating with appropriate authorities to avoid future problems and to expand existing capacities. This is not to say that there have not been some transitional concerns particularly upon the introduction of new technologies that have grown greatly in popularity. But, whenever transitional problems have arisen, industry representatives have worked with law enforcement officials to resolve them. The FBI's actions are especially troubling in light of our view that legislation is not needed to accomplish the agency's goals. We still see no evidence that current law enforcement efforts are being jeopardized by new technologies. Nor are we convinced that future law enforcement activities will be jeopardized given industry cooperation. We still believe that continued cooperation by government and industry within the working relationship that has emerged from the 1992 Quantico Joint Government Industry Group will resolve "the digital telephony problem" and preserve the government's current authorities. The discussions have succeeded in identifying specific problems and have begun the process of generating concrete, cost-effective solutions. This process has facilitated a more robust exchange of technical information and an identification of possible new equipment and police tactics needed to achieve law enforcement goals. Nevertheless, we are prepared to work with the Congress and the Administration to attempt to resolve the legitimate concerns of law enforcement. The signatories to this letter cannot overemphasize how critical it is that any new initiatives in this area preserve the public's confidence in the privacy of information carried over the public switched network. Less than a decade after enactment of the Electronic Communications Privacy Act of 1986, the nation can ill afford to undercut customer privacy expectations. Indeed, on the eve of the National Information Infrastructure's deployment, preserving customer confidence is all the more important. Privacy protection is not a secondary interest here. Survey after survey performed by Professor Alan Westin and others have demonstrated the public's concern with privacy and the security of their communications. We all must seek to maximize those interests and assure the public that their communications are protected. Sincerely yours, Apple Computer, Inc. AT&T American Civil Liberties Union Business Software Alliance Cellular Telecommunications Industry Association Computer Business Equipment & Manufacturers Assn Digital Equipment Corporation Electronic Frontier Foundation Electronic Messaging Association GTE Corporation Information Industry Association Information Technology Association of America Iris Associates, Inc McCaw Cellular MCI Communications Corporation People for the American Way Software Publishers Association Sun Microsystems Federal, Inc. Trusted Information Systems United States Telephone Association cc: Louis Freeh, Director, Federal Bureau of Investigation John Podesta, Office of the President Michael Nelson, Office of the Vice President Senator Patrick Leahy Senator Ernest Hollings Representitive Don Edwards Representative Edward Markey