February 4, 1994

AUTHORIZATION PROCEDURES FOR RELEASE OF ENCRYPTION KEY COMPONENTS
         IN CONJUNCTION WITH INTERCEPTS PURSUANT TO FISA

The following are the procedures for the release of escrowed key
components in conjunction with lawfully authorized interception
of communications encrypted with a key-escrow encryption method. 
These procedures cover all electronic surveillance conducted
pursuant to the Foreign Intelligence Surveillance Act (FISA),
Pub. L. 95-511, which appears at Title 50, U.S. Code, Section
1801 et seq.

     1)   In each case there shall be a legal authorization for
          the interception of wire and/or electronic
          communications.

     2)   In the event that federal authorities discover during
          the course of any lawfully authorized interception that
          communications encrypted with a key-escrow encryption
          method are being utilized, they may obtain a
          certification from an agency authorized to participate
          in the conduct of the interception, or from the
          Attorney General of the United States or designee
          thereof.  Such certification shall

          (a) identify the agency participating in the conduct of
          the interception and the person providing the
          certification;
          (b) certify that necessary legal authorization has been
          obtained to conduct electronic surveillance regarding
          these communications;
          (c) specify the termination date of the period for
          which interception has been authorized;
          (d) identify by docket number or other suitable method
          of specification the source of the authorization;
          (e) certify that communications covered by that
          authorization are being encrypted with a key-escrow
          encryption method;
          (f) specify the identifier (ID) number of the key-
          escrow encryption chip providing such encryption; and 
          (g) specify the serial (ID) number of the key-escrow
          decryption device that will be used by the agency
          participating in the conduct of the interception for
          decryption of the intercepted communications.

     4)   This certification shall be submitted to each of the
          designated key component escrow agents.  If the
          certification has been provided by an agency authorized
          to participate in the conduct of the interception, a
          copy shall be provided to the Department of Justice,
          Office of Intelligence Policy and Review.  As soon as
          possible, an attorney associated with that office shall
          provide each of the key component escrow agents with
          written confirmation of the certification.    

     5)   Upon receiving the certification, each key component
          escrow agent shall release the necessary key component
          to the agency participating in the conduct of the
          interception.  The key components shall be provided in
          a manner that assures they cannot be used other than in
          conjunction with the lawfully authorized electronic
          surveillance for which they were requested.

     6)   Each of the key component escrow agents shall retain a
          copy of the certification, as well as the subsequent
          written confirmation of the Department of Justice,
          Office of Intelligence Policy and Review.  

     7)   Upon, or prior to, completion of the electronic
          surveillance phase of the investigation, the ability of
          the agency participating in the conduct of the
          interception to decrypt intercepted communications
          shall terminate, and such agency may not retain the key
          components.

     8)   The Department of Justice shall, in each such case,

          (a) ascertain the existence of authorizations for
          electronic surveillance in cases for which escrowed key
          components have been released;
          (b) ascertain that key components for a particular key-
          escrow encryption chip are being used only by an agency
          authorized to participate in the conduct of the
          interception of communications encrypted with that
          chip; and
          (c) ascertain that, no later than the completion of the
          electronic surveillance phase of the investigation, the
          ability of the agency participating in the conduct of
          the interception to decrypt intercepted communications
          is terminated.

     9)   Reports to the House Permanent Select Committee on
          Intelligence and the Senate Select Committee on
          Intelligence, pursuant to Section 108 of FISA, shall,
          with respect to any order for authorized electronic
          surveillance for which escrowed encryption components
          were released and used for decryption, specifically
          note that fact.

     These procedures do not create, and are not intended to
create, any substantive rights for individuals intercepted
through electronic surveillance, and noncompliance with these
procedures shall not provide the basis for any motion to suppress
or other objection to the introduction of electronic surveillance
evidence lawfully acquired.