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- Newsgroups: sci.crypt
- From: Owen.Lewis@purplet.demon.co.uk (Owen Lewis)
- Path: sparky!uunet!pipex!gate.demon.co.uk!demon!purplet!Owen.Lewis
- Subject: Re: [legality of PGP etc.
- Organization: FidoNet node 2:252/305.0 - The Purple Tentacle, Reading
- Date: Tue, 22 Dec 1992 19:54:00 +0000
- Message-ID: <12.2B394400@purplet.demon.co.uk>
- Sender: usenet@demon.co.uk
- Lines: 70
-
- Having just begun to receive sci.crypt, and as someone who has followed the
- development of PGP since v1.0 in 1990, I have found the animated discussion
- of the legal issues interesting, often informative and, more than
- occasionally, dogmatic.
-
- There are a few simple issues on which I hope all might agree, namely:
-
- 1. There is reason to doubt whether PGP can be lawfully used in the
- USA. Doubt could be removed by *forcing* a test case. But a US
- volunteer, to risk being criminalizedand financially broken, in the
- cause of resolving this issue is not yet forthcoming. The matter is a
- peculiarly US (and Canadian?) one and there is little of worth that
- an outside can usefully contribute to this North American problem.
-
- 2. The export of PGP from the USA certainly contravened the spirit of
- US law and, possibly, also contravened it in fact. The latter cannot
- be taken as proved as, in no instance, has the matter been tried
- though, *prima facie'* there has been ample opportunity to do so.
- Again, this is a North American matter.
-
- 3. Following PGP's arrival in the EC and elsewhere, its further
- *development* and global dissemination has raised a clamour from some
- Americans of, *No fair!*. In circumstances of at least equal dubiety,
- the first rubber plants came out of Brazil and tea plants out of
- China. Whether or not the plants could/should have been patented
- (were such a thing possible) seems an irrelevance. Surely what
- matters is that, though the exports were strictly forbidden underthe
- regulations set by acknowledged governments, those governments
- were (and are) powerless to prevent further propagation however
- *unfair* and whatever the consequences of the loss of an attempted
- monopoly. History is replete with examples of similar dubiety and
- *unfairness*. Re. RSA; had PKP opted to protect their investment under
- laws other that just US national ones, their case against PGP2.x would
- be far stronger. It is disingenuous to suppose that the *national only*
- patenting was just an unfortunate happenstance. What about the
- similar lack of international patenting of DES? Has any US
- organisation ever chosen to seek worldwide patents on ANY
- cryptographic product?
-
- For us in Europe and elsewhere in the world, debating these matters can hardly
- be worth the powder and shot. Whatshould concern us greatly are actions that
- may be taken, nation by nation, to prohibit or licence only on prejudicial
- terms the non-governmental use of any cryptologic protection of transmitted
- information. Many countries already have such laws or administrative
- controls that serve in place of law. It is reasonable to assume that no
- government can view the unrestricted spreadof powerful cryptology other than
- with apprehension.
-
- Eavesdropping or intercepting the transmission of information is thousands of
- years old. These practices gave rise to cryptography (why else the need?).
- Eavesdropping and interception - whether ornot sanctioned in law - are
- powerful tools in the conduct of affairs of state and also in the
- gmanagement of far lesser lesser matters.
-
- Very good cyphers existed before R, S & A were glints in their daddies'eyes.
- What has recently come about is the conjunction of clever algorithms with a
- nearly universal access to powerful, fast means of information processing
- and transmission. This conjunction, in further combination with public key
- systems, makes possible (at least in theory) a general privacy in the
- transmission of information never possible since God first listened in on
- Adam and Eve.
-
- And will we all live happily ever afterwards? I doubt it.
-
- But a lot of Canutes are about to get very wet.
-
-
-
-
-
-