(fwd) Subpoena served on Crypto
Xref: netcom.com alt.wired:475 comp.lang.c:62219 alt.activism:50763 misc.legal:62914 alt.censorship:19449 Newsgroups: alt.wired,comp.lang.c,alt.activism,misc.legal,alt.censorship Path: netcom.com!grady From: grady@netcom.com (Grady Ward) Subject: Subpoena served on Crypto Message-ID: <gradyCDHKrr.46E@netcom.com> Organization: Moby lexicons X-Newsreader: TIN [version 1.1 PL8] Date: Fri, 17 Sep 1993 06:59:50 GMT Lines: 180 FOR IMMEDIATE RELEASE Subpoena served on Austin Code Works for material related to Moby Crypto. At 10:30 PM EDT Thursday, 16 Sept 1993 Theodore R. Siggins, special agent for the Department of Treasury, U.S. Customs Service office of enforcement for Austin, TX (512) 482-5502 served the following subpoena: United States District Court Northern District of California TO: Custodian of Records Austin Code Works 11100 Leafwood Lane Austin, TX (512) 258-0785 SUBPOENA TO TESTIFY BEFORE GRAND JURY documents of object(s) PLACE U.S. Courthouse & Federal Building 280 South First Street San Jose, CA 95113 Grand Jury Room 2115 September 22, 1993 9:00 AM YOU ARE ALSO COMMANDED to bring with you Any and all correspondence, contracts, payments, and record, including those stored as computer data, relating to the international distribution of the commercial product "Moby Crypto" and any other commercial product related to PGP and RSA Source Code for the time period June 1, 1991 to the present. CLERK RICHARD W. WIERKING by deputy clerk (illegible) This subpoena is issued on application of the United States of America Michael J. Yamaguchi United States Attorney Assistant U.S. Attorney William P. Keane 280 S. First St., Suite 371 San Jose, CA 95113 (408) 291-7221 s/a Robin Sterzer, Customs 93-1348(SJ) 93-1(SJ) 9 September 1993 served by Theodore R. Siggins special agent Department of Treasury U.S. Customs Service Office of Enforcement P.O. Box 99 Austin, TX 78767 (FTS) 770-5502 (512) 482-5502 --------------------------- BACKGROUND ---------------------------- The day before yesterday I faxed the following to the NSA: Grady Ward 3449 Martha Ct. Arcata, CA 95521 (707) 826-7715 grady@netcom.com Charlotte Knepper National Security Agency 301 688 7834 FAX 301 688 8183 14 Sep 93 Re: Moby Crypto and the Austin Code Works Recently you phoned Maria Guthery at the Austin Code Works (512-258-0785) to voice your concern about the publication for export of my product 'Moby Crypto'. As the editor and author of the compilation I made sure not to include any executable code -- only the algorithmic description in C source code that can be found (and exported) from scores of books and journals from the US distributed throughout the world. I believe that this material qualifies for the 'public domain' technical documentation exception under the current DTR rules. It seems to me that proscribing the publication of material because it is conveyed on a magnetic media rather than paper pulp is an NSA initiative that is both destructive to our basic freedom of expression and to the trade renaissance that Vice President Al Gore and the Clinton Administration are trying to foster. Even the Supreme Court recognizes the role of the computer media in protecting our freedom; beginning this 1993 calendar year all decisions will be provided in electronic form. Further, as you may know, it was recently decided that White House records in electronic form must be protected as a permanent archive of our government. Clearly, magnetic media must be treated as a logical extension of the power and fundamental right of the print media. Please phone, fax, e-mail or post your ideas or any literature to me that you think useful if I have misapprehended the situation. Of course if you wish I will send you a gratis copy of the software (about nine megabytes of sources for DES, RSA, IDEA, Lucifer, PGP, SHA, and so on) for your advice and comments. Very truly yours, GRADY WARD --------------------- WHAT YOU SHOULD DO --------------------- NSA and the US Treasury has started a new, agressive campaign to prevent the spread of cryptographic ideas, algorithms, sources, and documentation. The subpoena was served on the ACW in the night because they MIGHT have sold a copy of source code, already available worlwide, to a foreign national. If you value the freedom to disseminate ideas on both paper and magentic and electronic media, you should immediately preserve your right to have such knowledge by obtaining a copy of the source to Pretty Good Privacy and all other cryptographic materials before a possible complete blackout of such material is attempted by the US authorities. It is not yet against the law to possess source code to PGP, the world's foremost encryption application in the United States. Source is available for a variety of platforms including MS-DOS, Unix, and Macintosh from the following sites: soda.berkeley.edu ghost.dsi.unimi.it nic.funet.fi ota.ox.ac.uk van-bc.wimsey.bc.ca and many other sites For more information about PGP, send a blank mail message to: pgpinfo@mantis.co.uk -- Grady Ward grady@netcom.com 3449 Martha Ct. compiler of Moby lexicons Arcata, CA 95521-4884 e-mail or finger grady@netcom.com (707) 826-7715 (voice/24hr FAX) for more information
Get on the phone to EFF ASAP. Here's the bibliography I promised earlier. If someone would put this up on soda and perhaps even add to the list, I'd really appreciate it. --Phil ------ As a few people have requested, here's my current bibliography of DES source code listings found in various widely published books or magazines. Note that I have explicitly excluded the dozens of books and publications that merely *describe* the DES algorithm -- even descriptions complete enough to use as a basis for implementation. They don't count because, as we all know, only Americans are smart enough to turn an algorithm description into C code (or so our government believes.) Additions or corrections to this list are welcome. Again, I'm only interested in actual code listings. --Phil "The Standard Data Encryption Algorithm", Harry Katzan Jr, Petrocelli Books, 1977 ISBN 0-89433-016-0 (APL). "Computer Networks", Andrew S. Tanenbaum, Prentice Hall (both editions; second edition is ISBN 0-13-162959-X). (Pascal) "Numerical Recipes", William H. Press et al, Cambridge University Press. (Fortran and Pascal version is ISBN 0-521-30811-9. Also in "Numerical Recipes in C"). "UNIX System Security", Wood and Kachan, Hayden. ISBN 0-8104-6267-2. Byte Magazine, April 1977 (6502 Assembler). "Cryptography: An Introduction to Computer Security", Seberry and Pieprzyk, Prentice Hall Australia. (C) "Mathematical Cryptology for Computer Scientists and Mathematicians", Wayne Patterson, Rowman and Littlefield, 1987. ISBN 0-8476-7438-X. Introduction to the Analysis of the Data Encryption Standard (DES), by Wayne G. Barker, ISBN 0-89412-169-3 (soft cover), 0-89412-170-7 (library bound), 1991, Aegean Park Press, Appendix G. (Basic, of all things).
Cypherpunks: I spoke just now with Maria Nekam, the owner of Austin Code Works. She is doing fine, has complied with the request for documents, and believes that her company has nothing to hide. She believes that they have taken all reasonable precautions to prevent the export of the DES materials. Interestingly enough, she had been contacted by the NSA a couple of weeks ago, and informed of the restrictions on exporting DES, although she was already complying with these restrictions. I asked if there was anything that the various organizations could do to help; she feels that the situation is under control. When asked about her opinion of the DES export restrictions, she declined to comment, saying that her company was just a small player and she didn't want to get involved. I told her about the crypto conference we are having (coincidentally?) on the same day as the hearing. Since her presence is not required at the hearing, she will try to attend. As I was writing the above, my phone call to Theodore R. Siggins, the customs agent mentioned in the subpoena was returned. We spoke briefly; he was friendly but felt "it would be inappropriate for me to comment on any matters concerning the grand jury." When I asked him if this was part of an overall crackdown on cryptography export, he referred me to the special agent in charge, Leonard Lindheim, (202) 229-4561. Doug -- ---------------- /\ Douglas Barnes cman@illuminati.io.com / \ Chief Wizard (512) 447-8950 (d), 447-7866 (v) / () \ Illuminati Online metaverse.io.com 7777 /______\
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