[67797] in Cypherpunks
Re: Why not PGP?
daemon@ATHENA.MIT.EDU (Michael Froomkin - U.Miami School )
Thu Oct 10 17:08:44 1996
Date: Thu, 10 Oct 1996 16:49:17 -0400 (EDT)
From: "Michael Froomkin - U.Miami School of Law" <froomkin@law.miami.edu>
To: rollo@artvark.com
Cc: cypherpunks@toad.com
In-Reply-To: <v03007804ae82d4baa7bb@[206.183.203.4]>
On Thu, 10 Oct 1996 rollo@artvark.com wrote:
> Two questions:
>
> 1. Does anyone think that legislation might be passed which would
> criminalize my communications with Ray?
Yes. But I don't think the courts would uphold it in the face of a
well-presented constitutional challenge. See
http://www.law.miami.edu/~froomkin/articles/clipper.htm
>
> 2. Suppose someone writes a program Z that has no expicit crypto code in
> it, but has hooks for installing one or another version of PGP. Given a
> copy of Z, someone in this country could install PGP he got from MIT,
> whereas someone in Europe could install the international version.
> Would export of Z violate ITAR restrictions?
Yes, but these are currently being challenged in 3 separate court actions.
The administration asserts, however, that "hooks" are every bit as
unexportable as the real thing.
A. Michael Froomkin | +1 (305) 284-4285; +1 (305) 284-6506 (fax)
Associate Professor of Law |
U. Miami School of Law | froomkin@law.miami.edu
P.O. Box 248087 | http://www.law.miami.edu/~froomkin
Coral Gables, FL 33124 USA | It's warm here.
