TIA Counsel Writes
Fax header: Dec 03 '96 03:57PM D'Ancona &Pflaum D'Ancona & Pflaum, Suite 2900, 30 North LaSalle Street, Chicago, Illinois. Telephone (312) 580-2000. Fax (312) 580- 0923 By Certified Mail Return Receipt Requested and by Fax (212) 799-4003 Mr. John Young 251 West 89th Street Suite 6E New York, New York 10024 Dear Mr. Young: I am writing to you as general counsel of Telecommunications Industry Association ("TIA") which, as you may know, is engaged in the formulation and publication of standards in the communications field. At the request of our client, on November 26, 1996, I accessed your WEB site and both viewed and printed out a list of links to documents dealing with encryption. Among them were documents described as a CAVE Report, CAVE Table and a CAVE Algorithm dated November 20 and November 21, 1996. In this fashion I was also able to view and print out the algorithm document of TIA's Committee TR45.3, with a clear statement that the information in the document may be subject to the export juristiction of the U. S. Department of State under the applicable regulations. The posting on the WEB site of these documents is, in our opinion, a violation of the copyright of TIA and unlawful. Furthermore, the posting of the algorithm may constitute a violation of applicable export regulations. It seems in any event that it will be a violation under regulations to be drafted pursuant to the President's Executive Order of November 15, 1996 which was also accessed by me on your WEB site. I returned to the site last Friday and yesterday, December 2 and noticed that these documents are no longer there. I commend you removing them, but ask for your assurances that they will not be posted again. In addition, it is important that we know how you received this documentation which is strictly restricted in its circulation. I would appreciate hearing from you at your very earliest convenience. Sincerely, Paul H. Vishny To: Susan Hoyler [TIA] by fax (703) 907-7727 To: Eric Schimmel, c/o Wyndham Bristol Hotel - Dallas, by fax (214) 761-7520 ---------- Mr. Vishny and I spoke about his fax. I said that the CAVE- related documents would not be reposted on my Web site, and that TR45.3 had come by anonymous mail, as have others we've published. Mr. Vishny said TIA intended to take no action on this matter but its members must abide NDA. Don't know what the Feds will do with Susan Hoyler's notification about TR45.3. Along with several telcomm biggies some Ft. Meade servers siphoned TR45.3 and most other files on the site -- several times. Well, well! WSJ also remonstrated yesterday; we'll share that thank-you separately.
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John Young