From: Crypto Defender <crypto@shaq.midex.com>
Date: Sat, 29 Jul 95 09:02:14 PDT
To: cypherpunks@toad.com
Subject: Legal Crypto Bullshit and Lawyers reluctance
Message-ID: <Pine.3.89.9507291720.B9814-0100000@shaq.midex.com>
MIME-Version: 1.0
Content-Type: text/plain


Actually I am a lawyer...hehe...

With the recent talk and action regarding the hooks for crypto in certain 
very valuable (or at least of increasing value) programs available on the 
net and elsewhere I find myself getting increasingly angry about the 
discourse and especially the arrogance of the parties involved.

As a lawyer, I often send demand letters first in cases where the chances 
of winning a case in court are small and the ability for my client to 
withstand extended billing is low.  In short, I send these letters as a 
weak effort backed up by little intent on pursuing the case (NOTE: I did 
not say no intent, I often do pursue cases with little or no money in 
them, and that explains why my school loans are not paid off 8-).

What I am saying is that these demand letters that are being sent, 
especially regarding tenuous positions such as programs with crypto hooks 
are ITAR restricted, are causing more damage then they need to.  I am not 
suggesting that Wei distribute his libraries and bare the brunt of 
prosecution.  But I am certain there are bigger institutional players out 
there that can.  I can not say we would take the case without obviously 
speaking with our management committee at my firm, but we often take on 
cases that will lose us money if they break into new areas of the law.

Someone must be on this list whom in good faith, honestly believes that 
the ITAR restrictions dont apply to every piece of software on the net.  
While I can not and am not advocating breaking the law, nor am I 
soliciting business because I am sending to a general email list, If 
someone is interested in a challenge other than Phil Zimmerman's let me 
know.  I also will not pursue anything without the relevant author's 
permission, obviously.  I am not intending to get people in trouble 
here.  I just feel that their stance on the law is weak at best and feel 
there has to be someone out there willing to take the chance.

Matt Miszewski
Attorney at Law
matt@midex.com