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Article #2488

Re: Legal Stuff!

#2488
From: David Sternlight
Date: Fri, 25 Dec 1992 18:25
46 lines
2625 bytes
In article <1992Dec25.172233.1663@cbnews.cb.att.com>
jap@cbnews.cb.att.com (james.a.parker) writes, in a discussion about
importing patented materials without permission:

>If the "process" is encryption of plaintext by a public key, then wouldn't
>the "product made by the process" be: 
> 
> o The public/private key pair, and 
> o Text encrypted by the public key

Whether that interpretation is correct or not with respect to the keys
or signature, both the U.S. Govrnment under the Munitions Act, and RSA
under their patent have made RSA encryption for signature validation
and message authentication freely available and exportable. Thus keys
and signatures may be freely passed around (note this, Vesselin
Bontchev, with respect to my PGP key being around outside the U.S..)

Encrypted text may not, since no permission has been given.

Thus, with the above clarifications, what appears to be illegal, or a
patent violation (pick the appropriate one) is importing of PGP to the
U.S. without both a Goverment license and an agreement from the patent
holders, and import or export to or from the U.S. of encrypted text
(but not signatures or message authentications or keys for that
purpose) using PGP without permission of patent holders.

This raises an interesting notion, which I haven't the interest to
look into, but some of the more committed PGP fans may wish to.
Would a version of PGP which does authentication and message digests
only be o.k. to import and use in the U.S.? I don't know, but if it
were, that might provide some partial compatibility. Anyone for a
quick piece of crippleware?

On the other hand, I understand there is an exportable system for
such purposes being prepared under the RFCs, and it is likely
to become the international standard when it's ready. I don't know
what the status of that is but would like to. Anyone?

If that system is anywhere close to release, then please disregard
my suggestion of a version of PGP for that purpose.

David

-- 
David Sternlight
RIPEM Public Key on server  --  Consider it an envelope for your e-mail
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Message-ID: <1992Dec25.182510.10765@netcom.com>
Path: arc1-ca.pugleaf.net!sparky!uunet!think.com!spool.mu.edu!wupost!csus.edu!netcom.com!strnlght
References: <a_rubin.725045922@dn66> <1992Dec25.060924.14629@netcom.com> <1992Dec25.172233.1663@cbnews.cb.att.com>

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Newsgroups: sci.crypt,alt.security.pgp,alt.security.ripem
Path: arc1-ca.pugleaf.net!sparky!uunet!think.com!spool.mu.edu!wupost!csus.edu!netcom.com!strnlght
From: strnlght@netcom.com (David Sternlight)
Subject: Re: Legal Stuff!
Message-ID: <1992Dec25.182510.10765@netcom.com>
Organization: Netcom - Online Communication Services (408 241-9760 guest)
References: <a_rubin.725045922@dn66> <1992Dec25.060924.14629@netcom.com> <1992Dec25.172233.1663@cbnews.cb.att.com>
Date: Fri, 25 Dec 1992 18:25:10 GMT
Lines: 47