From: jktaber@netcom.com (John K. Taber)
Date: Fri, 27 May 94 19:02:05 PDT
To: cypherpunks@toad.com
Subject: Re: PGP 2.6
In-Reply-To: <199405272317.QAA16869@jobe.shell.portal.com>
Message-ID: <199405280201.VAA04456@netcom.com>
MIME-Version: 1.0
Content-Type: text/plain


> 
> Paul "K." Strong <pauls@dcs.rhbnc.ac.uk> wrote:
>  
> >However, I would say that most people _regard_ v2.3a as a legal version
> >outside the USA and so are willing to carry it on their systems; and at
> >this time I believe nothing concrete to the contrary has been proved.
> >
> >Versions 2.5 and 2.6 however are obviously illegal exports, and I think that
> >it is the fact that people think of one as legal and the other as illegal
> >that makes the difference, and therefore we who are outside the USA need our
> >own version to be brought up to date.
>  
> There has never been a ruling declaring it illegal to export PGP.  No one has
> ever been convicted of illegally exporting crypto.  The ITAR restrictions also
> contain many exemptions, under which it could be legal to export PGP.
> Furthermore, If you didn't get your copy of PGP from the US then you haven't
> broken any laws.

I don't know if a simple reply gets to the cpunks list, but here goes.  There
have been two convictions for exporting crypto.  They were Elizabeth Martinez
and Mario Vallodares, in Miami, in Judge Hoeveller's district court (same
judge who tried Noriega).

The police work was done by Customs.  The NSA does not have a police, 
apparently.  The NSA attended the trial and took copious notes.

Elizabeth and Mario exported TV satellite receivers to Latin America.  These
receivers, made by General Instruments, contain the DES programmed in EPROM,
the whole potted in epoxy.  

They were charged with violation of ITAR because of the crypto.  A bunch
of counts.  All their receivers were seized.  They were also charged with
conspiracy because they had attended trade shows in Las Vegas where
exporting the receivers were the subject of sessions.

Mario served one year and one day in Federal prison.  Elizabeth served
six months in a workhouse.

David Kahn, Cipher Deavors, and George Davida were expert witnesses for
the defense.  It was to no avail.