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Article #2124Re: PKP/RSA comments on PGP legality
From: David Sternlight
Date: Mon, 14 Dec 1992 01:41
Date: Mon, 14 Dec 1992 01:41
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3165 bytes
Bill Stewart corrects my understanding of PGP and IDEA (thanks), which suggests that troubles for possession and/or use of PGP2.x in the U.S. can also come from the Munitions Act since PGP is based on an import of the IDEA implementation, rather than domestic coding of the IDEA algorithm. If my understanding is now accurate that PGP2.x violates both the Munitions Act and PKP's patents, and that this violation is occasioned not just by use but also by possession in the U.S., then it would seem prudent to get it off one's U.S. computers and any U.S. net sites--Internet, Usenet, Fidonet, anynet. Presence on a bulletin board system may be just what someone needs to close down that system. As for the argument that some make that "you" will probably neither get caught nor prosecuted for this illegality, the ethics of that position are open to the most serious questions (assuming my understanding of the underlying situation is accurate). Finally, given my understanding, the notion that if it's uploaded all over the place, what can "they" do seems to betray a lack of both realism and ethics. Try the argument that if lots of people take cocaine, what can "they" do? to see this. The proposal to produce a de novo version here in the U.S., based on the IDEA algorithm (if published and the IDEA folks permit it), and RSAREF (assuming RSA will license RSAREF for PGP), in contrast seems both ethical and legal, if I understand this correctly. Just a passing point on the latter paragraph--people shouldn't count their RSAREFs 'til they're hatched. RSA still owns RSAREF, and though they've licensed it, with a specific associated agreeement, for ripem, that doesn't mean they HAVE to license it for a future PGP. Whoever is doing this "legal PGP" project should check with Jim Bidzos of RSA at their earliest opportunity (jim@rsa.com). For completeness and to acknowledge a particular position (with which I disagree), some feel that it's absurd to prevent use of something here that's widespread in Europe, and are willing to take a chance in order to press that. Others feel that PKP's patents are over-broad and are willing to confront on that issue. That's got to be an individual and conscious choice, which should be made clear to others, so nobody gets or uses PGP under the impression it's "o.k." My own position is that if one thinks a law or situation is incorrect, one moves to get it changed, if possible. One does not take the law into one's own hands. One particularly doesn't take innocent bystanders down with one. Any more bidding on this one before I conclude I now understand it?
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Newsgroups: sci.crypt,alt.security.pgp Path: arc1-ca.pugleaf.net!sparky!uunet!think.com!spool.mu.edu!umn.edu!csus.edu!netcom.com!strnlght From: strnlght@netcom.com (David Sternlight) Subject: Re: PKP/RSA comments on PGP legality Message-ID: <1992Dec14.014118.11612@netcom.com> Organization: Netcom - Online Communication Services (408 241-9760 guest) References: <Bz7J39.8tD@acsu.buffalo.edu> <1992Dec13.192149.8211@netcom.com> <WCS.92Dec13192805@rainier.ATT.COM> Date: Mon, 14 Dec 1992 01:41:18 GMT Lines: 50