From: Philip Zimmermann <prz@columbine.cgd.ucar.EDU>
Date: Sun, 19 Sep 93 11:35:50 PDT
To: cypherpunks@toad.com (Cypherpunks)
Subject: Statement from Zimmermann on PGP investigation
Message-ID: <9309191832.AA24906@columbine.cgd.ucar.EDU>
MIME-Version: 1.0
Content-Type: text/plain



Some of you may have received my Internet message of a couple of days
ago about the ongoing U.S. Customs investigation of the exportation
of PGP, which has now progressed to the level of Federal Grand Jury
subpoenas.  This earlier message was intended by me for distribution
to a very small group of friends who previously communicated their
concern about me and the investigation and asked to be kept
informed.  I did not send the message to anyone outside this group. 
Unfortunately, I did not adequately assert my desire that the message
not be further disseminated.  It appears that the message has gone
completely public.  This was not my intention.

My lawyer, Phil Dubois, has been in touch with the Assistant U.S.
Attorney (William Keane) assigned to the investigation.  We have no
reason to believe that Mr. Keane is anything other than a professional
and reasonable person.  He made it clear that no decision has been
made regarding any prosecution of anyone for any offense in this
matter.  Such decisions will not be made for some time, perhaps
several months.  Mr. Keane also made clear his willingness to listen
to us (me and my lawyer) before making any decision.  It appears that
both Mr. Keane's mind and the lines of communication are open.

My fear is that public dissemination of my message will close the
lines of communication and put Mr. Keane into an irretrievably
adversarial position.  Such a result would not serve any of our
interests.  My lawyer tells me that nothing irritates a prosecutor
more than being the subject of what he perceives to be an
orchestrated publicity campaign.  He also tells me that his
nightmares involve FOAs (Friends Of the Accused), invariably people
with good intentions, doing things on their own.  I understand that
the issues involved in this investigation are of the greatest
importance and transcend my personal interests.  Even so, I would
rather not turn an investigation into a full-scale federal
prosecution.  I ask that everyone keep in mind that the government's
resources are limitless and that mine are not.

Speaking of resources, many of you have offered help, and I am
grateful.  Those wishing to contribute financially or otherwise
should contact either me or Philip L. Dubois, Esq., at dubois@csn.org
or by phone at 303-444-3885 or by mail at 2305 Broadway, Boulder, CO,
80304.  Mr. Dubois has just got on the Internet and is still learning
how to use it.  Donated funds will be kept in a trust account, and all
contributions will be accounted for.  If this whole thing somehow goes
away with money left in the account, the balance will be refunded to
contributors in proportion to the amounts of their contributions.

This message can be widely circulated on public forums.

Philip Zimmermann
prz@acm.org
303 541-0140