From: jazz@hal.com (Jason Zions)
Date: Wed, 8 Dec 93 07:05:41 PST
To: cypherpunks@toad.com
Subject: Re: ANNOUNCEMENT: DPSWG Crypto-Policy Statement to White House
Message-ID: <9312081504.AA20889@jazz.hal.com>
MIME-Version: 1.0
Content-Type: text/plain


   > NOTICE: This is the letter from the Digital Privacy and
   > Security Working Group sent to the White House 12/06/93,
   > urging the Administration to lift export controls on
   > DES, RSA and other mass market encryption without
			^^^^^^^^^^ ??
   > requring legislation.   

   > 

   Why only "mass market" encryption?

   The company I work for is developing a collection of runtime libraries and  
   utilities which software developers can use to create and manage portable  
   object-oriented distributed applications.  Think of it as a  
   object-oriented DCE-like tool set with a run-time environment and system  
   administration utilites.

That's still mass market. There is already a mechanism for non-mass-market,
i.e. one-off, export of crypto; apply for an export permit. The idea of this
initiative is to allow products sold in quantities too great to allow
individual export licenses to be sold.

   > For example, generally available software is offered
   > for sale or licensed to the public without restriction
   > and available through standard commercial channels of
   > distribution; sold as is without further
   > customization; and designed to be installed by the
   > purchaser without additional assistance from the
   > publisher.  Computer hardware and computing devices are
   > also defined. 

You sell your software as-is; the customer does any customization.

   > 	.
   > 15          ``(4) DEFINITIONS.---As used in this
   > 16     subsection---
   > 

   > 1               ``(B) the term `as is' means, in the case of
   > 2          software (including software with encryption ca-
   > 3          pabilities), a software program that is not de-
   > 4          signed, developed, or tailored by the software
   > 5          company for specific purchasers, except that
   > 6          such purchasers may supply certain installation
   > 7          parameters needed by the software program to
   > 8          function properly with the purchaser's system
   > 9          and may customize the software program by
   > 10          choosing among options contained in the soft-
   > 11          ware program;

A developer's kit still qualifies as "as-is", mass market software. You're
covered.

   As I see it, the main distinction between "mass market" software and our  
   software is that our software is used to create other software, whereas  
   "mass market" software implies final product "end-user" software.

Not a useful distinction from the standpoint of commerce. "Mass-market"
means the seller does nothing special for individual customers; no
customization, etc. It means the volume is large enough that requiring
action on a per-sale basis (as is required for current crypto export
licensing) is essentially impossible.

   Why only "mass market" software?

Because the non-mass-market stuff already has the mechanism of applying for
individual export licenses; since it's not mass marketed, it's possible to
do special things on a per-customer basis.

   Does the DPSWG want the government to keep export controls in place for  
   the type of product our company is developing?

It doesn't.

Jason Zions