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- Xref: sparky sci.crypt:5644 alt.security.pgp:159
- Newsgroups: sci.crypt,alt.security.pgp
- Path: 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
-
-
- 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?
-
-