Why not PGP?
Michael Froomkin - U.Miami School of Law
froomkin at law.miami.edu
Thu Oct 10 13:46:52 PDT 1996
On Thu, 10 Oct 1996 rollo at artvark.com wrote:
> Two questions:
>
> 1. Does anyone think that legislation might be passed which would
> criminalize my communications with Ray?
Yes. But I don't think the courts would uphold it in the face of a
well-presented constitutional challenge. See
http://www.law.miami.edu/~froomkin/articles/clipper.htm
>
> 2. Suppose someone writes a program Z that has no expicit crypto code in
> it, but has hooks for installing one or another version of PGP. Given a
> copy of Z, someone in this country could install PGP he got from MIT,
> whereas someone in Europe could install the international version.
> Would export of Z violate ITAR restrictions?
Yes, but these are currently being challenged in 3 separate court actions.
The administration asserts, however, that "hooks" are every bit as
unexportable as the real thing.
A. Michael Froomkin | +1 (305) 284-4285; +1 (305) 284-6506 (fax)
Associate Professor of Law |
U. Miami School of Law | froomkin at law.miami.edu
P.O. Box 248087 | http://www.law.miami.edu/~froomkin
Coral Gables, FL 33124 USA | It's warm here.
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