Apologies to those of you who are also on the CDT Policy Post distribution list, but I felt that this issue was sufficiently important to cc to the cypherpunks list. Hope you find this relevant, Jonah Seiger CDT editor ------------------------------------------------------------------------ ****** ******** ************** ******** ********* ************** ** ** ** *** POLICY POST ** ** ** *** ** ** ** *** January 12, 1996 ** ** ** *** Number 34 ******** ********* *** ****** ******** *** ------------------------------------------------------------------------ A briefing on public policy issues affecting civil liberties online ------------------------------------------------------------------------ CDT POLICY POST Number 34 January 12, 1996 CONTENTS: (1) A Victory for Phil Zimmermann, Fundamental Privacy Issues Remain (2) Press Release Announcing DOJ's Decision to Drop Case (3) Subscription Information (4) About CDT, Contacting Us This document may be re-distributed freely provided it remains in its entirety. Excerpts may be re-posted by permission (editor@cdt.org) ------------------------------------------------------------------------ (1) VICTORY FOR ZIMMERMANN, FUNDAMENTAL PRIVACY ISSUES REMAIN After 3 years of investigation, the United States Department of Justice Thursday (1/11) announced that it would not seek an indictment of Phil Zimmermann, the author of the widely popular encryption program known as Pretty Good Privacy (PGP). While this development is obviously good news for Zimmermann, who was the undeserved target of a long and arduous investigation, criminal threates against those who seek to protect their privacy remain in place. The Justice Department had been investigating Zimmermann for possible violations of Arms Control Regulations of after PGP was posted to Usenet newsgroups and subsequently distributed through the worldwide Internet in the spring of 1991. CDT wishes to extend heartfelt congratulations to Phil, who has demonstrated remarkable patience and perseverance in the face of harassment and intimidation by the Federal Government. Instead of laying low and waiting for the outcome of the investigation, Phil took the offensive and became the leading figure in the effort to provide easy to use, strong cryptographic applications to the masses. CDT hopes that Phil will remain active in the fight to encourage the relaxation of export restrictions and access to strong cryptography. FUNDAMENTAL ISSUES REMAIN -- EXPORT OF STRONG CRYPTOGRAPHY STILL PROHIBITED, FUTURE PROSECUTIONS OF CRYPTOGRAPHERS BY THE FEDERAL GOVERNMENT STILL POSSIBLE Although the announcement by the Justice Department is a tremendous personal victory for Phil Zimmermann, government restrictions on encryption exports remain firmly in place. As such, the current Administration policy is a major roadblock to privacy and security, as well as the future of commerce, on the Internet. The Clinton Administration continues to push for a national cryptography policy based on key-escrow and limited key lengths. In addition, the Administration's current policy proposal seeks to use export controls as a means to influence the domestic marketplace for cryptographic applications. The decision to drop the case against Zimmermann also leaves unresolved the question of whether posting materials on the Internet could result in the violation of export control regulations. Although Zimmermann's defense was based in part on the argument that the First Amendment protects such postings, that question remains undressed. As a result, developers of strong cryptographic applications who make their programs available on the Internet may in the future face harassment and indictments from the Federal Government. This issue is currently pending before Federal Judges in the Karn and Bernstein cases. BACKGROUND ON THE DISPUTE The export of cryptographic applications with key lengths above 40 bits is currently illegal under the International Trafficking in Arms Regulations (ITAR). The Government maintains that these restrictions are necessary in order to protect national security, and has successfully fought efforts to repeal or relax the export controls (including efforts by fmr. Rep. Maria Cantwell (D-WA) in 1994). Privacy advocates and the computer hardware and software industry argue that the export controls stifle the development of strong cryptography both domestically and internationally, undermining privacy and security on the global information infrastructure. When Zimmermann published PGP in 1990, it was among the first widely available and relatively easy to use cryptographic applications, and for the first time provided the average citizen with the ability to protect sensitive information on the relatively insecure Internet. In the eyes of the Government however, PGP represented a threat to national security and law enforcement. Although the government has announced that it will not prosecute Zimmerman, government efforts to restrict the distribution of strong cryptography will no dobut continue. As privacy advocates, we must not allow Zimmermann's victory to conceal the larger issues. Privacy, security, and commerce on the Internet remain hostage to export restrictions, the National Security Agency, and Clinton Administration efforts to impose an unworkable key-escrow regime. For more information on the Administration's current cryptography policy initiative and what CDT is doing to fight it, visit CDT's cryptography issues web page. URL:http://www.cdt.org/crypto.html For More Information Contact: Daniel J Weitzner, Deputy Director <djw@cdt.org> Center For Democracy and Technology +1.202.637.9800 ----------------------------------------------------------------------- (2) DOJ PRESS RELEASE ANNOUNCING THE DECISION TO DROP THE ZIMMERMANN CASE United States Attorney Northern District of California ______________________________________________________________________ San Jose Office (408) 535-5061 280 South First Street, Suite 371 San Jose, California 95113 FAX: (408) 535-5066 PRESS RELEASE FOR IMMEDIATE RELEASE January 11, 1995 Michael J. Yamaguchi, United States Attorney for the Northern District of California, announced today that his office has declined prosecution of any individuals in connection with the posting to USENET in June 1991 of the encryption program known as "Pretty Good Privacy." The investigation has been closed. No further comment will be made by the U.S. Attorney's office on the reasons for declination. Assistant U.S. Attorney William P. Keane of the U.S. Attorney's Office in San Jose at (408) 535-5053 oversaw the government's investigation of the case. ------------------------------------------------------------------------ (3) SUBSCRIPTION INFORMATION CDT Policy Posts, which is what you have just finished reading, are the regular news publication of the Center For Democracy and Technology. CDT Policy Posts are designed to keep you informed on developments in public policy issues affecting civil liberties online. In order to subscribe to CDT's Policy Post list, send mail to policy-posts-request@cdt.org with a subject: subscribe policy-posts If you ever wish to remove yourself from the list, send mail to the above address with a subject of: unsubscribe policy-posts ----------------------------------------------------------------------- (4) ABOUT THE CENTER FOR DEMOCRACY AND TECHNOLOGY/CONTACTING US The Center for Democracy and Technology is a non-profit public interest organization based in Washington, DC. The Center's mission is to develop and advocate public policies that advance constitutional civil liberties and democratic values in new computer and communications technologies. Contacting us: General information: info@cdt.org World Wide Web: URL:http://www.cdt.org/ FTP URL:ftp://ftp.cdt.org/pub/cdt/ Snail Mail: The Center for Democracy and Technology 1001 G Street NW * Suite 500 East * Washington, DC 20001 (v) +1.202.637.9800 * (f) +1.202.637.0968 ----------------------------------------------------------------------- End Policy Post No. 34 1/12/96 -----------------------------------------------------------------------