February 4, 1994

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

Key component escrow agents may only release escrowed key
components to law enforcement or prosecutorial authorities for
use in conjunction with lawfully authorized interception of
communications encrypted with a key-escrow encryption method.  
These procedures apply to the release of key components to State
and local law enforcement or prosecutorial authorities for use in
conjunction with interceptions conducted pursuant to relevant
State statutes authorizing electronic surveillance, and Title III
of the Omnibus Crime Control and Safe Streets Act of 1968, as
amended, Title 18, United States Code, Section 2510 et seq.

     1)   The State or local law enforcement or prosecutorial
          authority must be conducting an interception of wire
          and/or electronic communications pursuant to lawful
          authorization.

     2)   Requests for release of escrowed key components must be
          submitted to the key component escrow agents by the
          principal prosecuting attorney of the State, or of a
          political subdivision thereof, responsible for the
          lawfully authorized electronic surveillance.

     3)   The principal prosecuting attorney of such State or
          political subdivision of such State shall submit with
          the request for escrowed key components a certification
          that shall

          (a) identify the law enforcement agency or other
          authority conducting the interception and the
          prosecuting attorney responsible therefor;
          (b) certify that necessary legal authorization for
          interception 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 chip providing such encryption; and
          (g) specify the serial (ID) number of the key-escrow
          decryption device that will be used by the law
          enforcement agency or other authority for decryption of
          the intercepted communications.

     4)   Such certification must be submitted by the principal
          prosecuting attorney of that State or political
          subdivision to each of the designated key component
          escrow agents.   

     5)   Upon receiving the certification from the principal
          prosecuting attorney of the State or political
          subdivision, each key component escrow agent shall
          release the necessary key component to the intercepting
          State or local law enforcement agency or other
          authority.  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 of the principal prosecuting
          attorney of the State or political subdivision.  In
          addition, such prosecuting attorney shall provide a
          copy of the certification to the Department of Justice,
          for retention in accordance with normal recordkeeping
          requirements.

     7)   Upon, or prior to, completion of the electronic
          surveillance phase of the investigation, the ability of
          the intercepting law enforcement agency or other
          authority to decrypt intercepted communications shall
          terminate, and the intercepting law enforcement agency
          or other authority may not retain the key components.

     8)   The Department of Justice may, in each such case, make
          inquiry to

          (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
          investigative agency authorized to conduct electronic
          surveillance 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 requesting agency to decrypt intercepted
          communications is terminated. 

     9)   In reporting to the Administrative Office of the United
          States Courts pursuant to 18 U.S.C. Section 2519(2),
          the principal prosecuting attorney of a State or of a
          political subdivision of a State may, with respect to
          any order for authorized electronic surveillance for
          which escrowed encryption components were released and
          used for decryption, desire to 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.