Article View: sci.crypt
Article #2063Re: PKP/RSA comments on PGP legality
From: Phil Karn
Date: Tue, 22 Dec 1992 06:00
Date: Tue, 22 Dec 1992 06:00
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In article <1992Dec22.003359.1777@netcom.com> strnlght@netcom.com (David Sternlight) writes: >First of all the language of the act I posted makes clear that >software, algorithms, flow charts are all controlled matter in the >cryptographic area. I wonder if the name "Joseph A Meyer" rings a bell to Mr. Sternlight. Meyer was the NSA employee who in 1977 wrote an (unauthorized, according to the official story of the incident) letter to the IEEE warning that the scheduled presentation of the original RSA papers would violate the ITARs. To quote from the account in "The Puzzle Palace" by James Bamford: "He had a point. The ITAR did cover any 'unclassified information that can be used, or adapted for use, in the design, production, manufacture, repair, overhaul, processing, engineering, development, operation, maintenance, or reconstruction' of the listed materials, as well as 'any technology which advances the state-of-the-art or establishes a new art in an area of significant military applicability in the United States'. And export did include transferring the information both by writing and by either oral or visual means, including briefings and symposia in which foreign nationals are present. "But followed literally, the vague, overly broad regulations would seem to require that anyone planning to write or speak out publicly on any technology touching the Munitions List must first get approval from the State Department -- a chilling prospect clearly at odds with the First Amendment and one as yet untested by the Supreme Court". (end of excerpt) Those familiar with the story know that in the resulting furor, the NSA disavowed Meyer's actions. And no action was ever taken against the inventors of RSA, despite the fact that their "disclosure" arguably enhanced foreign cryptographic capabilities far more than anything released since then, including software packages like PGP. After all, PGP is merely an implementation of an algorithm that is now well known all over the world, thanks to R, S and A having stood up to Mr. Meyer (or the NSA, depending on who you believe) for the First Amendment. I do not mean to disparage all the work that went into PGP, but any competent and motivated C programmer could have produced something comparable. Indeed, there are other independent RSA implementations from outside the US, such as the "CRYPTOS" package from Moscow. Face it, the NSA knows that they can't hold back the rising tide of cryptography forever. They know that their ban on exporting widely available public domain encryption software wouldn't have a chance in court, and that it will probably be eliminated by the Clinton administration anyway (if recent news reports are accurate). But that doesn't keep them from doing their utmost (short of going to court, of course) to delay the inevitable. And people like Mr. Sternlight help make things just a little easier for them. Phil
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arc1-ca.pugleaf.net!sparky!uunet!spool.mu.edu!agate!usenet.ins.cwru.edu!magnus.acs.ohio-state.edu!cis.ohio-state.edu!pacific.mps.ohio-state.edu!linac!att!cbnewsk!cbnewsj!att-out!walter!qualcom.qualcomm.com!servo.qualcomm.com!karnReferences:
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Newsgroups: sci.crypt Path: arc1-ca.pugleaf.net!sparky!uunet!spool.mu.edu!agate!usenet.ins.cwru.edu!magnus.acs.ohio-state.edu!cis.ohio-state.edu!pacific.mps.ohio-state.edu!linac!att!cbnewsk!cbnewsj!att-out!walter!qualcom.qualcomm.com!servo.qualcomm.com!karn From: karn@servo.qualcomm.com (Phil Karn) Subject: Re: PKP/RSA comments on PGP legality Message-ID: <1992Dec22.060047.6744@qualcomm.com> Sender: news@qualcomm.com Nntp-Posting-Host: servo.qualcomm.com Organization: Qualcomm, Inc References: <1992Dec19.000207.15616@netcom.com> <a_rubin.724967325@dn66> <1992Dec22.003359.1777@netcom.com> Date: Tue, 22 Dec 1992 06:00:47 GMT Lines: 57