From: Jim Ray <liberty@gate.net>
Date: Fri, 11 Oct 1996 21:50:54 -0700 (PDT)
To: cypherpunks@toad.com
Subject: [RANT] Re: Why not PGP?
Message-ID: <199610120450.AAA53576@osceola.gate.net>
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To: apteryx@super.zippo.com, cypherpunks@toad.com
Date: Sat Oct 12 00:48:23 1996
Mark wrote:

<snip>

> Does this mean that exporting Private Idaho, PGPfront, WinPGP, etc.
>  would
> be a violation of ITAR because they function only when combined with PGP
> and contain "hooks" for using PGP?

To the best of my understanding, "maybe, it depends" A lousy answer to a 
good question, and NOT legal advice of course.

One of the big problems with regs. like ITAR (and others of questionable 
Constitutionality) is uncertainty. Certainty and simplicity would lead to 
less FUD, and hence less power on the part of regulators, so it's not in 
their interest to be definite or even rational. One of the things "it 
depends" on may be the time-proximity of an election, of course. Folks seem 
to have disturbingly short memories regarding governmental abuse these days.

> I don't recall any restrictions on who could download these files from
> their host sites.

At least in the case of Private Idaho, which seems to be the standard for 
using & chaining remailers (with John Doe in a close second place) there 
seems to be no restriction. AFAIK, Joelm couldn't keep a program as nice and 
as widespread and as popular from getting exported no matter what he did. 
Joey Grasty tried (really!) to keep WinSock from getting exported, but it 
was overseas anyway, within days. [I didn't do it.]

Is remailer software somehow different than remailer-using software under 
ITAR? Again, I don't know. <sigh>

It is quite likely, IMO, that the next governmental attack on privacy will 
come on the chained, encrypted remailers, like WinSock, which I'm running as 
I type now. :) I am a strong believer in privacy, but only for peaceful and 
good purposes. Running a remailer, like running for office, is an experience 
that will change your outlook on things. I encourage doing both.

As everyone knows, I would be likely to begin keeping logs and cooperate 
with law-enforcement (even the lying, "evidence" planting, biased assholes 
at B.A.T.F.) if I were to somehow discover violent abuse, like Mr. Bell's 
"assassination politics" scheme, going on inside WinSock. Presently, only a 
rejected message file is kept. With proper encryption and chaining, I am not 
sure how much good cooperation would do anyway, and I would be certain to 
take considerable pains to avoid compromising the privacy of legitimate 
users.

OTOH, I would shut down, or go to jail for contempt, or both, rather than 
cooperate even one little bit in the enforcement of the failed, corrupting, 
tax-and-spend drugwar. I am sure that different remailer-operators all feel 
differently about the issue, and it is certainly a touchy one, but I am sure 
that some operators do agree with me. I will not initiate, or advocate, or 
abet violence in a failed attempt to achieve political or social goals, no 
matter who or what wants me to.

I hope that abusers don't "ruin it for the rest of us." I would also hope 
(though it sometimes seems that no rational argument stands a chance) that 
those who are tempted by violent, simpleminded "solutions" would understand 
from recent and not-so-recent history that transforming jerks into martyrs 
is an incredibly simple way of cementing those jerks' policies *permanently* 
into law. There is no free political lunch -- peaceful change requires hard 
work and money.
JMR


One of the "legitimate concerns of law enforcement" seems to be
that I was born innocent until proven guilty and not the other
way around. -- me

Defeat the Duopoly! Vote Harry & Jo http://www.HarryBrowne96.org/
___________________________________________________________________
PGP id.E9BD6D35 51 5D A2 C3 92 2C 56 BE  53 2D 9C A1 B3 50 C9 C8
I will generate a new (and bigger) PGP key-pair on election night.
<mailto:jmr@shopmiami.com> http://www.shopmiami.com/prs/jimray
___________________________________________________________________

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