From: John Young <jya@pipeline.com>
Date: Tue, 3 Dec 1996 14:45:15 -0800 (PST)
To: cypherpunks@toad.com
Subject: TIA Counsel Writes
Message-ID: <1.5.4.32.19961203224026.00686724@pop.pipeline.com>
MIME-Version: 1.0
Content-Type: text/plain


Fax header: Dec 03 '96 03:57PM  D'Ancona &Pflaum 

D'Ancona & Pflaum, Suite 2900, 30 North LaSalle Street,
Chicago, Illinois. Telephone (312) 580-2000. Fax (312) 580-
0923

By Certified Mail
Return Receipt Requested
and by Fax (212) 799-4003

Mr. John Young 
251 West 89th Street Suite 6E 
New York, New York 10024

Dear Mr. Young:

I am writing to you as general counsel of Telecommunications
Industry Association ("TIA") which, as you may know, is
engaged in the formulation and publication of standards in
the communications field. At the request of our client, on
November 26, 1996, I accessed your WEB site and both viewed
and printed out a list of links to documents dealing with
encryption. Among them were documents described as a CAVE
Report, CAVE Table and a CAVE Algorithm dated November 20
and November 21, 1996.

In this fashion I was also able to view and print out the
algorithm document of TIA's Committee TR45.3, with a clear
statement that the information in the document may be
subject to the export juristiction of the U. S. Department
of State under the applicable regulations.

The posting on the WEB site of these documents is, in our
opinion, a violation of the copyright of TIA and unlawful.
Furthermore, the posting of the algorithm may constitute a
violation of applicable export regulations. It seems in any
event that it will be a violation under regulations to be
drafted pursuant to the President's Executive Order of
November 15, 1996 which was also accessed by me on your WEB
site.

I returned to the site last Friday and yesterday, December 2
and noticed that these documents are no longer there. I
commend you removing them, but ask for your assurances that
they will not be posted again. In addition, it is important
that we know how you received this documentation which is
strictly restricted in its circulation.

I would appreciate hearing from you at your very earliest
convenience.

Sincerely,

Paul H. Vishny

To:   Susan Hoyler [TIA] by fax (703) 907-7727
To:   Eric Schimmel, c/o Wyndham Bristol Hotel - Dallas, by
      fax (214) 761-7520

----------

Mr. Vishny and I spoke about his fax. I said that the CAVE-
related documents would not be reposted on my Web site, and
that TR45.3 had come by anonymous mail, as have others we've
published. Mr. Vishny said TIA intended to take no action on
this matter but its members must abide NDA.

Don't know what the Feds will do with Susan Hoyler's
notification about TR45.3. Along with several telcomm biggies
some Ft. Meade servers siphoned TR45.3 and most other files 
on the site -- several times. Well, well!

WSJ also remonstrated yesterday; we'll share that thank-you 
separately.