PUBLISHED INSIGHT MAGAZINE - DECEMBER 22, 1997, PAGE 28 AND 29
"Such a waiver would not reduce NSA's (National Security
Agency's) oversight over all encryption containing exports to
China," noted Barth in the fax addressed to Tenet. "Current
controls remain, only the need to notify Congress of each sale
is removed. We currently have about $100 million worth of two
way radio business tied up by the lack of a waiver for China and
face losing a market of about $500 million.... Finally while we
now are not yet applying for licenses for encrypted systems for
satellite positioning, we may within months be applying for such
licenses for our Iridium (Inc.) systems."
Barth, who did not return calls requesting an interview,
suggests in his letter that the administration should take into
account the competitive advantage given some European vendors of
encryption products by a British intelligence agency, General
Communications Head Quarters, or GCHQ: "European firms have for
a number of months been able to market and sell encryption in
China as a result of a decision taken by the U.K. intelligence
agency GCHQ. I understand that our National Security Agency is
aware of this change in GCHQ's position and would support our
request for a change in U.S. requirements for export licenses
for China. The NSA has agreed that there should be a 'level
playing field' in regard to China.... European firms, including
Nokia, Erisson, Alcatel and Siemens, have for a number of months
been able to market and sell encryption in China as a result of
a decision taken by the U.K. intelligence agency GCHQ."
The letter gives evidence of the extraordinary access to the spy
agency some private citizens have after leaving a high post in
the Clinton administration. After all, which ordinary citizen
can write to friends in the White House, quoting unnamed sources
in the NSA saying there needs to be "a level playing field" for
an American company that has business links with China?
Motorola blames a U.K. intelligence agency - GCHQ - for its lost
exports to China and suggests that the NSA be at least as
accommodating to Motorola. Why, it would be asked, would the
NSA, tasked by law with intelligence activities, be in the
business of going to bat for a U.S. company trying to beat its
foreign competitors? And, if the NSA is taking on the mission
of helping U.S. based high-tech companies, why hasn't it said so
publicly so that Motorola's competitors could be given the same
opportunity?
It would appear that Motorola and the Clinton administration
have a cozy relationship, to say the least. Motorola's chief
executive officer flew with former secretary Ron Brown on a Far
East trade mission in 1994. Motorola's Hong Kong vice president
had coffee in the White House in 1996 with Clinton. And
Motorola's CEO had dinner with Chinese President Jiang Zemin and
Clinton in October in the White House. No small company could
match this - neither the high paying lobbyist jobs, the Commerce
trips to China, the White House coffees nor the state dinners.
Consider as well the personalities that have passed from the
company to White House service. Hoyt Zia, an ex-Motorola
employee and close friend of Democratic fund-raiser John Huang,
was in charge of Commerce exports to China during 1995. Chief
legal counsel of the Commerce Bureau of Export Affairs, or BXA,
Zia was charged with overseeing sensitive exports, such as
Iridium satellites and encrypted radios, for China at the time
Barth wrote to Tenet in 1995. Note that Zia had spent more than
six years at Motorola specializing in cellular and radio exports
to Asia prior to taking his job in the Commerce Department. Zia
stated under oath during a Judicial Watch deposition that he had
contact with Motorola official and ex-Commerce Department
employee Charlotte Kee on more than one occasion.
Several former Clinton administration officials now have high
paying jobs with Motorola or Iridium, including Kee and
Iridium's Lauri Fitz-Pegado. Pegado was a close associate of
Brown and tripped with him to China. Pegado is employed as an
executive at Iridium, even though she has admitted that she has
little knowledge of satellite technology (see "Commerce-ial
Espionage", Sept. 1). This revolving door exchange of personnel
is like a game of musical chairs, with the players occasionally
changing titles on six-figure jobs as they rotate from industry
to bureaucracy to political staff and back again.
Besides being unfair to Motorola's competitors, there is a
dangerous edge to this. In 1993, after the Soviet empire fell,
China was facing a military-radio crisis. Chinese military
communications were based on aging Russian radios - radios we
defeated during the Persian Gulf War. In addition, satellite
photos, communications, navigation, radio intercepts and warning
systems helped the United State win big. Simply put, an army
without satellites and secure radios is blind, deaf, dumb and
lost on the modern battlefield.
Encrypted radio communications with satellites means secure
world wide communications for military and commerce. Secure
voice-communications was demonstrated to America by actor Tom
Cruise in the recent film MISSION IMPOSSIBLE. Cruise's
character simply slipped a special microphone into a pay
telephone and said "Go secure". Modern radio systems used in
jet fighters, such as the F-15 Eagle, also are digitally
ciphered. These radios use special codes and high-speed chips
so anyone without the code hears nothing but garbage. Chinese
officials can use Iridium to call from anywhere on the globe and
"go secure" just like the IMF team. The disadvantage of having
the Chinese use this system is that any attempt to jam or take
out the Iridium satellites also will shut off all communications
of Iridium's U.S. customers, as well as consumers in Russia,
Israel, Indonesia and Saudi Arabia who use Iridium satellite
systems.
More worrisome is Barth's request to export encrypted
satellite-positioning systems to China. Encryption for
satellite positioning is used to secure the radio commands sent
to satellites to move or change functions. Secure satellite
control is consider an even more sensitive technology than
MISSION IMPOSSIBLE cell phones, as such systems also control
nuclear-tipped missiles. Export of this technology directly
helps the Chinese military control their missile warheads with
secure links back to the dictators in Beijing. It also helps
Chinese warheads find their targets with amazing accuracy. This
will not be comforting when their nuclear arms are aimed at us.
The administration's eagerness to facilitate deals between
American companies and the People's Republic raises more concern
about what became of the 2,000 pages of classified documents
removed from the Commerce Department in 1996. Testimony taken
in Judicial Watch's 1996 lawsuit against the Commerce Department
show that Commerce employee Ira Sockowitz removed highly
classified documents without permission, including secret
materials on China, satellites and encryption. Sockowitz, a
former Democratic National Committee fund-raiser involved with
Huang, was appointed to his position by Clinton. Following the
accidental death of Brown in 1996, Sockowitz left Commerce for a
new job at the Small Business Administration, taking more than
2,000 pages of classified materials with him.
How classified were these materials? One document taken by
Sockowitz is titled "A STUDY OF THE INTERNATIONAL MARKET FOR
COMPUTER SOFTWARE WITH ENCRYPTION" and was compiled in July
1995. The report, if released, could cause international
damage, according to NSA Chief of External Affairs Jon
Goldsmith. The documents, according to Goldsmith, were based on
information provided to the NSA by the communications
intelligence services of U.S. allies around the world, including
those of the United Kingdom, Australia, Germany, Canada, Israel,
Italy, Spain, Denmark, Sweden, the Netherlands and Norway. The
encryption market report is a military-industrial guide that
would be of great value to China, North Korea, Russia and Iran,
as well as companies such as Nokia, Ericsson, Alcatel, Siemens
or Motorola. It reveals the loopholes, the buyers the sellers
and all the players in every nation - prepared by local
specialists and written by top NSA officials. In fact,
according to testimony of Ian Baird, deputy assistant secretary
for export administration, the report could be harmful to some
of the friendly foreign contributors. Baird stated that
"disclosure of foreign government information could damage the
careers of foreign officials who had confided in United States
representatives." What does damage mean? Well, the last
government official who confided encryption secrets to Israel,
Johnathan Pollard, had his career damaged to the tune of life in
prison.
Yet, despite all the information, Attorney General Janet Reno
refuses to open an investigation. However, a host of other U.S.
allies are involved. Will friendly allies comply with similar
NSA requests in the future? I doubt it. The damage already
extends beyond our shores and threatens the security of many
countries - damage soon to be measured in lost alliances or,
perhaps, lost lives.
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