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- Xref: sparky sci.crypt:4896 comp.org.eff.talk:7094 alt.privacy:2312 talk.politics.guns:24204
- Path: sparky!uunet!nntp1.radiomail.net!csl.sri.com!boucher
- From: boucher@csl.sri.com (Peter K. Boucher)
- Newsgroups: sci.crypt,comp.org.eff.talk,alt.privacy,talk.politics.guns
- Subject: Risks of Using PGP 2.0
- Date: 17 Nov 1992 02:10:13 GMT
- Organization: Computer Science Lab, SRI International
- Lines: 44
- Distribution: world
- Message-ID: <1e9ka5INNbmt@roche.csl.sri.com>
- NNTP-Posting-Host: affirmed.csl.sri.com
- Summary: PGP may appear to be "freeware," but there are two areas
- of legal risk for those who use it: patent law, and export
- law.
- Keywords: legal, patent, export, ITAR
-
-
- DISCLAIMER: The following information is provided as a public
- service. It is explicitly NOT a commercial advertisement, and
- does not in any way represent, express or imply any policy or
- viewpoint of SRI International.
-
- First, it is illegal to "make, use, or sell" a patented device
- without a license. PGP's disclaimer does not protect anyone making,
- distributing, or using PGP. PKP owns the patent and sells licenses
- to companies who want to make and sell products that use RSA and
- other public-key cryptography. PGP is not licensed. A license to
- the maker of PGP has always been (and still is) available, but it
- would not be free (which would be unfair to other licensees, whose
- licenses were not free).
-
- Second, PGP may be illegal with respect to US export law. The
- author states in the documentation that he "guided" its development
- overseas. This might be construed an export of "technical know-how"
- under the ITAR (International Traffic in Arms Regulations). By
- distributing or using PGP 2.0, you may be involved directly or
- indirectly in an illegal act. Ignorance before the law, of course,
- is no excuse. It's the responsibility of every one to seek their
- own legal advice. I strongly urge potential PGP users to have their
- company's lawyers read the ITAR and read the PGP statement before
- making a decision. It could be a serious mistake to assume that
- because this software "appeared" in the US or elsewhere, it and those
- who use it are not at any risk of violating export law.
-
- The risks to those actively promoting PGP, and/or distributing it, are
- of course, greater than those for simple users, but even simple users
- would do well to seek an acceptable alternative, such as RIPEM.
- RIPEM is built on a piece of software called RSAREF. RSAREF contains
- an embedded patent license, and is perfectly legal to use for
- non-commercial purposes. Any software whatsoever can be built on
- RSAREF, even PGP-like programs, and distributed freely. RSAREF does
- carry strong restrictions on export. RIPEM source and executables can
- be found using archie.
-
-
-
- --
- Peter K. Boucher
- --
- RIPEM public key available upon request.
-