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Re: Zimmermann case is dropped.
> "This decision shouldn't be interpreted as meaning
> anything. I caution people against concluding the
> Internet is now free for export."
PRZ's experience underscores the importance of support from large
institutions like MIT and AT&T. It's a lot easier to push around an
individual who doesn't have a lot of money or clout than it is to push
around MIT.
We need a large sponser who is willing to run a more ambitious crypto
archive. If an institution like MIT hosted a more generalized site where
people could distribute code, it would go a long way towards thawing out
the chill the government's managed to create by harassing PRZ.
I know it took a lot of negotiating for MIT to set up the PGP distribution
site. But now that they've provided a home for PGP, how much more risk
would they be taking on if they added other crypto software to the
archive? Would exporting other crypto software violate ITAR more
significantly than exporting PGP would?
The government's policy doesn't prevent crypto from spreading around the
world, but it does discourage a lot of people from distributing code
they've written or modified. That's the point of the policy, and from
their point of view it's probably a big success.
It would be a big win if we could come up with a system that would allow
anyone to contribute code in relative safety. It would be the difference
between having a lot of hand waving discussions about protocols and
developing real tools. The groundwork is already there -- good crypto
libraries exit. There's a lot of interest. We'd probably see an
explosion of ideas and code if people weren't being intimidated.
Even though it's possible for almost anyone to set up an archive that
imposes the same sorts of rules as the MIT archive on downloaders, it's
not the same thing. If Alice puts code up in MIT's archive, it's hard for
the government to come at Alice without taking on MIT at the same time.
Alice didn't export the code; she gave it to MIT. If they come after
MIT, they know it will lead to lots of press coverage. People pay
attention to what MIT has to say about technology, and if MIT says that
it's important for people to be able to work on crypto code, it's going to
carry a lot of weight. If I put up an archive, they can grind me out
with legal fees in no time at all; MIT isn't so vulnerable to that kind
of an attack.
The point of the government's policy is to create a chilling effect on
development. That's what we ought to fight against. Our position is
similar to that of a little kid in grade school who's getting beat up by a
bully every day. We need to make friends with a big guy who can keep the
bully off our back.