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- From: bontchev@fbihh.informatik.uni-hamburg.de (Vesselin Bontchev)
- Subject: Re: Risks of Using PGP 2.0
- Message-ID: <bontchev.722038231@fbihh>
- Keywords: legal, patent, export, ITAR
- Sender: news@informatik.uni-hamburg.de (Mr. News)
- Reply-To: bontchev@fbihh.informatik.uni-hamburg.de
- Organization: Virus Test Center, University of Hamburg
- References: <1e9ka5INNbmt@roche.csl.sri.com>
- Date: 17 Nov 92 22:10:31 GMT
- Lines: 90
-
- boucher@csl.sri.com (Peter K. Boucher) writes:
-
- > 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
-
- In the RSA FAQ it is stated that PKP allows free usage of RSA for
- non-commercial use. I was unable to obtain an official answer from
- them why (and if) this excludes PGP.
-
- > 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).
-
- Nope, PKP promptly refuses to issue licenses for PGP, even if you
- offer to pay them.
-
- > Second, PGP may be illegal with respect to US export law. The
-
- True, it is illegal to export PGP from the USA. Fortunately, the world
- does not consist of the USA alone, so you can safely IMPORT the
- package from dozens of ftp sites around the world. Importing it in the
- USA is NOT illegal (actually using it is another story).
-
- > 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
-
- If anybody wants to sue the author (which one? PGP 2.0 has been
- written by several people; none of them has done anything illegal,
- even according to the USA laws), s/he must first prove that he has
- indeed "guided its development overseas". What is stated in the docs
- has no value as a proof.
-
- > distributing or using PGP 2.0, you may be involved directly or
- > indirectly in an illegal act. Ignorance before the law, of course,
-
- 1) Importing PGP in the USA is not illegal.
-
- 2) Distributing PGP is not illegal anywhere.
-
- 3) Using PGP for non-commercial purpose in the USA is probably not
- illegal, but this needs further checking. Using PGP outside the USA is
- not illegal.
-
- 4) Exporting PGP from the USA is probably illegal, but who the hell
- needs it?
-
- > 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.
-
- Sure, don't export it from the USA, if you want to be on the safe
- side.
-
- > The risks to those actively promoting PGP, and/or distributing it, are
- > of course, greater than those for simple users, but even simple users
-
- You probably mean "risks to the US users", but even then your claim
- needs proofs. For everybody else (outside the USA, which is still the
- majority), there are absolutely no risks in actively promoting,
- distributing, and using PGP.
-
- > would do well to seek an acceptable alternative, such as RIPEM.
-
- A better solution IMHO would be if PGP becomes PEM-compatible. This
- way the US users will be able to use RIPEM and people in the rest of
- the world will be able to use PGP.
-
- > 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.
-
- Because "RSAREF does carry strong restrictions on export", nobody
- outside the USA is able to obtain it legally. That's why, we are
- sticking to PGP. If only PGP were PEM-compatible, everybody could
- choose his/her favourite/allowed program, not worry, and be happy...
-
- Regards,
- Vesselin
- --
- Vesselin Vladimirov Bontchev Virus Test Center, University of Hamburg
- Tel.:+49-40-54715-224, Fax: +49-40-54715-226 Fachbereich Informatik - AGN
- < PGP 2.0 public key available on request. > Vogt-Koelln-Strasse 30, rm. 107 C
- e-mail: bontchev@fbihh.informatik.uni-hamburg.de D-2000 Hamburg 54, Germany
-