From: adwestro@ouray.cudenver.edu (Alan Westrope)
Date: Sat, 2 Sep 95 11:18:31 PDT
To: cypherpunks@toad.com
Subject: Re: Phil Zimmermann/Amnesty International?
In-Reply-To: <199509021658.MAA29224@frankenstein.piermont.com>
Message-ID: <WmJSwkkAsSnN084yn@ouray.cudenver.edu>
MIME-Version: 1.0
Content-Type: text/plain


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On Sat, 02 Sep 1995, "Perry E. Metzger" <perry@piermont.com> wrote:
> Alan Westrope writes:
> >   Michael Froomkin wrote:
> >   > PS when does the statute of limitations run out?
> > June '96.  Zimmermann and Dubois appeared on a local talk radio show
> > recently; a friend happened to catch the program, taped it, and played
> > excerpts at a Cypherpunks meeting.  This date was mentioned by Phil Dubois.

> That's not possible. The offense in question took place on or before
> September 8, 1992, and the statute of limitations is, to my knowledge,
> three years. Even if it were four years, it would have to be September
> 8th of that year.  Branko Lankester announced availability of PGP 2.0
> on Mon, 7 Sep 1992 at about 20:22 GMT, so since the allegation is that
> he exported PGP Version 1.0 to the team that developed PGP 2.0
> overseas, any export that Phil performed would have of necessity to
> have taken place before then.

Point taken.  Dubois was referring specifically to the current California
grand jury investigation in association with U.S. Customs.  He said that
this grand jury has until June '96 to issue an indictment or...uhhh...get
off the pot.

I suppose Phil could be charged by some other entity with ITAR/DTR
violations relating to the "export" of PGP, and I'm not sure what would
be the date of this putative violation:  the date Phil gave the program
to others, allegedly "knowing" that doing so would result in its export;
or the date PGP actually appeared at overseas sites.  I suspect I'm not
the only one confused by this, considering the convoluted, baroque and
outdated laws involved.  Mebbe somebody oughta ask Sternlight...:-)

Alan Westrope                  <awestrop@nyx10.cs.du.edu>
__________/|-,                 <adwestro@ouray.cudenver.edu>
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