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Article #1798Risks of Using PGP 2.0
From: Peter K. Boucher
Date: Tue, 17 Nov 1992 02:10
Date: Tue, 17 Nov 1992 02:10
44 lines
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2786 bytes
DISCLAIMER: The following information is provided as a public service. It is explicitly NOT a commercial advertisement, and does not in any way represent, express or imply any policy or viewpoint of SRI International. First, it is illegal to "make, use, or sell" a patented device without a license. PGP's disclaimer does not protect anyone making, distributing, or using PGP. PKP owns the patent and sells licenses to companies who want to make and sell products that use RSA and other public-key cryptography. PGP is not licensed. A license to the maker of PGP has always been (and still is) available, but it would not be free (which would be unfair to other licensees, whose licenses were not free). Second, PGP may be illegal with respect to US export law. The author states in the documentation that he "guided" its development overseas. This might be construed an export of "technical know-how" under the ITAR (International Traffic in Arms Regulations). By distributing or using PGP 2.0, you may be involved directly or indirectly in an illegal act. Ignorance before the law, of course, is no excuse. It's the responsibility of every one to seek their own legal advice. I strongly urge potential PGP users to have their company's lawyers read the ITAR and read the PGP statement before making a decision. It could be a serious mistake to assume that because this software "appeared" in the US or elsewhere, it and those who use it are not at any risk of violating export law. The risks to those actively promoting PGP, and/or distributing it, are of course, greater than those for simple users, but even simple users would do well to seek an acceptable alternative, such as RIPEM. RIPEM is built on a piece of software called RSAREF. RSAREF contains an embedded patent license, and is perfectly legal to use for non-commercial purposes. Any software whatsoever can be built on RSAREF, even PGP-like programs, and distributed freely. RSAREF does carry strong restrictions on export. RIPEM source and executables can be found using archie. -- Peter K. Boucher -- RIPEM public key available upon request.
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From: boucher@csl.sri.com (Peter K. Boucher)
Newsgroups: sci.crypt,comp.org.eff.talk,alt.privacy,talk.politics.guns
Subject: Risks of Using PGP 2.0
Date: 17 Nov 1992 02:10:13 GMT
Organization: Computer Science Lab, SRI International
Lines: 44
Distribution: world
Message-ID: <1e9ka5INNbmt@roche.csl.sri.com>
NNTP-Posting-Host: affirmed.csl.sri.com
Summary: PGP may appear to be "freeware," but there are two areas
of legal risk for those who use it: patent law, and export
law.
Keywords: legal, patent, export, ITAR