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"Neither were able to identify a specific case sentenced i

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

UNITED STATES SENTENCING COMMISSION
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.

[...]