Date--Sun, 19 Sep 1993 13:38:44 -0500 From--Philip Zimmermann <prz@columbine.cgd.ucar.edu> Subject--Zimmermann statement on PGP investigation Some of you may have received my Internet message of a couple of days ago about the ongoing U.S. Customs investigation of the exportation of PGP, which has now progressed to the level of Federal Grand Jury subpoenas. This earlier message was intended by me for distribution to a very small group of friends who previously communicated their concern about me and the investigation and asked to be kept informed. I did not send the message to anyone outside this group. Unfortunately, I did not adequately assert my desire that the message not be further disseminated. It appears that the message has gone completely public. This was not my intention. My lawyer, Phil Dubois, has been in touch with the Assistant U.S. Attorney (William Keane) assigned to the investigation. We have no reason to believe that Mr. Keane is anything other than a professional and reasonable person. He made it clear that no decision has been made regarding any prosecution of anyone for any offense in this matter. Such decisions will not be made for some time, perhaps several months. Mr. Keane also made clear his willingness to listen to us (me and my lawyer) before making any decision. It appears that both Mr. Keane's mind and the lines of communication are open. My fear is that public dissemination of my message will close the lines of communication and put Mr. Keane into an irretrievably adversarial position. Such a result would not serve any of our interests. My lawyer tells me that nothing irritates a prosecutor more than being the subject of what he perceives to be an orchestrated publicity campaign. He also tells me that his nightmares involve FOAs (Friends Of the Accused), invariably people with good intentions, doing things on their own. I understand that the issues involved in this investigation are of the greatest importance and transcend my personal interests. Even so, I would rather not turn an investigation into a full-scale federal prosecution. I ask that everyone keep in mind that the government's resources are limitless and that mine are not. Speaking of resources, many of you have offered help, and I am grateful. Those wishing to contribute financially or otherwise should contact either me or Philip L. Dubois, Esq., at dubois@csn.org or by phone at 303-444-3885 or by mail at 2305 Broadway, Boulder, CO, 80304. Mr. Dubois has just got on the Internet and is still learning how to use it. Donated funds will be kept in a trust account, and all contributions will be accounted for. If this whole thing somehow goes away with money left in the account, the balance will be refunded to contributors in proportion to the amounts of their contributions. This message can be widely circulated on public forums. Philip Zimmermann prz@acm.org 303 541-0140 ------------------------------