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[FYI] "Neither were able to identify a specific case sentenced i


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2 June 1999
Source: Three-page fax from Office of General Counsel, US Sentencing
Commission. Thanks to MC. 

                                   ONE COLUMBUS CIRCLE, NE
                                    SUITE 2-500, SOUTH LOBBY
                                  WASHINGTON, DC 20002-8002
                                           (202) 502-4500
                                         FAX (202) 502-4699 

                                          March 26, 1999

The Honorable J. Dennis Hastert
Speaker of the House of Representatives
H-326 United States Capitol
Washington, D.C. 20515 

Re: Encryption Offenses 

Dear Mr. Speaker, 


No cases sentenced during fiscal year 1997 using encryption technology
and receiving sentencing enhancement under U.S.S.C. §3C1.1 have been
identified in the U.S.S.C. monitoring datafile. In an effort to
validate this finding, staff in the Commission's Office of General
Counsel searched the Lexis-Nexis and Westlaw federal case law datasets
for judicial opinions in which the word "encryption" was used in the
published decision. This search resulted in a small number of cases,
none of which were sentenced during fiscal year 1997. Secondly, the
two  agents of the Federal Bureau of Investigation who authored the
attached document "Encryption: The Impact on Law Enforcement" [PDF
141K] were contacted. Neither were able to identify a specific case
sentenced in 1997 involving encryption. 


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