Politech mailing list archives

FC: More on RSA day 3 (no new potato salad news, though)


From: Declan McCullagh <declan () well com>
Date: Thu, 20 Jan 2000 15:49:16 -0500

**********

Date: Thu, 20 Jan 2000 15:46:52 -0500 (EST)
From: Lenny Foner <foner () media mit edu>
To: declan () well com
Subject: FC: RSA 2000 day 3 conference report from "Ralph" (The Potato
  Salad Fallout continues)
CC: foner () media mit edu

Here's what I sent ZD about their shoddy reporting.  Since I see you
reproduced it intact in a Politech message, I figured I'd send it to
you, too...

- - - Begin forwarded message - - -

Date: Thu, 20 Jan 2000 15:28:33 -0500 (EST)
From: Lenny Foner <foner () media mit edu>
To: patrick_houston () zd com, charles_cooper () zd com
Subject: Extremely shoddy reporting and editing

It's a pity that, when reporting on a story both as well-known and as
important us US cryptographic policy, you assigned both a reporter and
(apparently) and editor who know nothing about the subject.  This
reflects very badly on ZD and on PC Week (the apparent story source).
If you do this badly on such stories, I shudder to think how badly you
do on ones where less is already known by so many.  I almost never
read PC Week, but after this story, I'm unlikely to recommend that
anyone I know depend on it for anything, either.

Given that neither the reporter nor PC Week have obvious contact
addresses, I'm sending this to you, in the hopes that you will send it
to the relevant parties.

See http://www.zdnet.com/zdnn/stories/news/0,4586,2423792,00.html for
the story I'm talking about.  Consider the following paragraph from it:

    Zimmerman, as much as anyone in the computer industry, personifies the
    battle over encryption export regulations. Nearly five years ago,
    Zimmerman, now a fellow at Network Associates Inc., defied encryption
    export restrictions and used his PGP encryption across international
    borders.

This is so wrong-headed, it's hard to believe your reporter was at the
same conference.  (a) -Sending encrypted messages- has -always- been
legal.  It is -exporting the software to do so in machine-readable
form (not paper)- that has been regulated.  (b) Zimmerman has always
maintained (in public, and in court proceedings) that -he did not
export- this software.  It was the contention of the Justice Dept that
he did, but he always maintained that he did not, and that it was any
one(s) of millions of US Internet users who may have exported it, or
any overseas Internet user who claimed to be a US citizen and then
imported it.

Thus, the quote of "...Since his act of civil disobedience," is
bogus.  If he committed such an act, it was in writing PGP, not in
using it and not in exporting it.

Hence, "...He finally got to do what he always wanted to do: send an
encrypted message across international borders and do it legally." is
also completely wrong.  It's always been legal to do so, and there
have been -entirely legal- ways that overseas users could have
interoperated with such PGP messages, for a long time---for example,
the source code to PGP was -legally- exported, on paper in books,
years ago, and then scanned back in overseas.

What they -actually- did was to send -a machine-readable copy of the
*software*- overseas, as the Lofgren quote ("It was a thrill to export
that crypto,") make clear.

Shame on you.

- - - End forwarded message - - -


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