EFF RESPONDS IN PGP CASE

[Mike Godwin <mnemonic@eff.org>]

Forwarded message:
From jberman Thu Sep 30 13:54:51 1993
Date: Thu, 30 Sep 1993 13:54:45 -0400
Message-Id: <199309301754.AA10784@eff.org>
To: mnemonic@eff.org (Mike Godwin)
From: Mike Godwin <mnemonic> (by way of jberman@eff.org (Jerry Berman))
X-Sender: jberman@eff.org
Subject: Re: PGP/Constitutional Defense, Take IV (fwd)

EFF TO DEFEND CRYPTO RIGHTS LEGALLY

Washington, D.C. -- The Electronic Frontier Foundation has committed
itself this week to legal defense efforts in response to what is
apparently a U.S. government campaign against the use and export of
cryptographic technology.

EFF's response to the anti-cryptography campaign, which has been directed
initially against the "Pretty Good Privacy" (PGP) encryption program
written by Phil Zimmermann, is three-fold:

o EFF and EFF board members will immediately contribute
funds to Phil Zimmermann's current legal expenses as they relate
to constitutional issues, and will encourage others to make donations
for this legal effort.

o EFF will continue to vigorously investigate the facts of the PGP case
and other cryptography-related cases that may arise, in order
to spotlight the constitutional issues raised by such cases.

o EFF is now planning to launch in the near future a First Amendment
campaign aimed both at raising funds to support legal work on the
Constitutional issues raised by these cases, and at educating policymakers
and the general public about need to reform our outmoded export control laws . 

The basic facts of the PGP case(s) are as follows:

The Customs Bureau has interviewed Phil Zimmermann and others involved in
PGP. A San Jose grand jury, convened by Assistant US Attorney William
Keane, subpoenaed documents relating to PGP from Zimmermann, as well
as ViaCrypt and Austin Code Works, two companies who intend to offer
commercial products related to PGP. Finally, the State Department has sent
a letter to the Austin Code Works requiring them to register as an arms
dealer, even if they don't plan to export cryptography. 

In light of these developments, the Electronic Frontier Foundation Board of
Directors met in Austin on Sept 22-23 to plan EFF's response. 

EFF's Board of Directors believes that this case may involve fundamental
issues in the application of the U.S. Constitution to digital media. At
stake is the right of privacy, public access to secure cryptography, the
right to publish digital writings, and the right of equal protection under
the law. We are resolved to take this matter very seriously.

For this reason, EFF will undertake a vigorous investigation of the facts
in this and any other PGP related cases which might arise.  

If the Grand Jury issues indictments that would, in the view of EFF,
threaten the future of digital liberty, we are prepared to assist in the case 
and any others which might have similar adverse effects. We are also 
prepared to seek to amend the export laws to protect constitutional speech 
and the right to disseminate and use encryption to protect the citizens'
right to privacy and to the security of their communications.

In the short run, EFF will assist Phil and others involved with PGP to find
criminal defense attorneys, explore ways to get any cases handled pro
bono publico, or for expenses only, and contribute funds to Phil and other 
possible defendants for preindictment constitutional research, and we 
encourage others to do the same. As of this announcement, several thousand
dollars have been pledged by EFF and EFF board members including John Gilmore, 
Mitchell Kapor, John Perry Barlow.  

In the near future, EFF will launch a national campaign designed to provide
legal and financial support for cases or legislative efforts that would
promote the Constitutionally guaranteed rights to develop, discuss, and
use cryptographic technology. 

We urge you to help Phil Zimmermann in preparing his constitutional defense 
by contacting Phil's lawyer, Philip Dubois (dubois@csn.org, +1 303 444 3885,
or 2305 Broadway, Boulder, CO   80304, USA). He is accepting legal defense 
contributions relating directly to Phil's defense as an individual.
 
Board of Directors
Electronic Frontier Foundation