Bernstein decision

Jim Burnes jim.burnes at
Wed Aug 27 17:53:58 PDT 1997

On Tue, 26 Aug 1997, John Gilmore wrote:

> [There will be many chances to talk to the press today about this.
>  Call them up.  Tell them what it means.]
> Lucky Green said:
> > The ruling provides an interesting data point, but is inconsequential
> > to the software industry.
> Jonathan Wienke said:
> > The decision seems to be a step in the right
> > direction, but a VERY small one.
> However you slice it, getting a Federal judge to declare both crypto
> export control regimes unconstitutional is a major accomplishment.

Of course, but Commerce may keep harassing people who attempt
crypto export.

One thing that occurred to me was that if Commerce prosecutes
everyone but Bernstein, then Mr. Bernstein could become a
_very_ wealthy man.

Think about it.  How hard would it be to include the Snuffle 
algorithm in PGP, etc.  How much for a Bernstein crypto license?

Talk about muddying the waters.  Mr Bernstein keeps upgrading
his algorithm until it becomes a major portion of most crypto
packages.  This decision looks like the first major chink in
the armor.  Depending on how long it takes to free up the rest
of the algorithms (if ever) Bernstein could recoup his legal
investment many times over.  Better yet if its public domain
then everybody could include it _now_.  An interesting type
of virus.

Jim Burnes

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