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- Newsgroups: sci.crypt
- Subject: Re: Risks of Using PGP 2.0
- Message-ID: <a_rubin.722037007@dn66>
- From: a_rubin@dsg4.dse.beckman.com (Arthur Rubin)
- Date: 17 Nov 92 21:50:07 GMT
- References: <1e9ka5INNbmt@roche.csl.sri.com>
- Organization: Beckman Instruments, Inc.
- Keywords: legal, patent, export, ITAR
- Nntp-Posting-Host: dn66.dse.beckman.com
- Lines: 67
-
- DISCLAIMER: I am not a lawyer, the company I work for probably disagrees
- with everything I say.
-
-
- In <1e9ka5INNbmt@roche.csl.sri.com> boucher@csl.sri.com (Peter K. Boucher) writes:
-
- >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).
-
- (1) The RSA patent is clearly overbroad. Whether PGP falls under what it
- should be restricted to would be up to the courts, if RSA wants to
- prosecute.
-
- (2) Some uses of PGP are protected under that patent law, even if it is
- subject to patent. Consult a patent lawyer for more information.
-
- (3) Distributing source code with appropriate disclaimers (possibly as RSA
- claims) is exactly what patent law was intented to encourage...
- experimentation with concepts/ideas to create new ideas.
-
- >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.
-
- Irrelevant. Only Phil, himself, might be liable. The is no restriction
- under ITAR against importing arms that were illegal to export. (If
- datapaths from one foreign site to another pass through the US, it seems
- likely the the re-exporter could also be prosecuted, if anyone can trace
- the links to find out who it is.)
-
- >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.
-
- Are RSAREF sources available? If not, there is little benefit to it's use
- by people who don't trust RSA/PKP not have put in a "trap door".
- --
- Arthur L. Rubin: a_rubin@dsg4.dse.beckman.com (work) Beckman Instruments/Brea
- 216-5888@mcimail.com 70707.453@compuserve.com arthur@pnet01.cts.com (personal)
- My opinions are my own, and do not represent those of my employer.
- My interaction with our news system is unstable; please mail anything important.
-