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Re: more re Encryption Technology Limits Eased

daemon@ATHENA.MIT.EDU (John Gilmore)
Thu Sep 16 15:40:33 1999

Message-Id: <199909161925.MAA15898@toad.com>
To: "Perry E. Metzger" <perry@piermont.com>, farber@cis.upenn.edu
Cc: cryptography@c2.net, gnu@toad.com
In-reply-to: <87ogf2y8lk.fsf@boojum.piermont.com> 
Date: Thu, 16 Sep 1999 12:25:21 -0700
From: John Gilmore <gnu@toad.com>

Dave Farber:
> As I said , the devil is in the details.

Let me agree.  Remember when the Administration said it was giving
industry what it wanted -- transferring crypto exports to the Commerce
Dept?  And when later "industry" worked out a deal so they could "easily"
export key-recovery products, only to discover that in the final regs 
and procedures it really wasn't so easy?

There's a vague and undefined term in the press leaks so far:

	One-Time Technical Review

What does this mean?  It appeared in some early crypto liberalization
bills floated in Congressional committees.  Does it mean:

	*  On the same day that you first put your encryption invention
	   on your web site, you have to send a binary copy to the NSA?
or:	*  BEFORE you post your encryption invention on your web site,
	   you have to send a copy to NSA?
or:	*  BEFORE you post it, you have to send a copy to NSA -- AND THEN WAIT
	   until they say you can export it?
or:	*  BEFORE you post it, you have to send the source code to NSA --
	   and rather than a mere delay, they have the option to respond
	   by telling you that you just can't export it?
or:	*  You can't post it at all -- you need to provide details about
	   each person who receives it, and you don't know that about the
	   people who download it.
or:	*  ....infinite variations....

We'll only really know once the regulations are published, which is
rumored to be in a few months.

	John


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