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CDT Policy Post No.34 - Victory for Zimmermann, Fundamental Privacy Issues Remain
Apologies to those of you who are also on the CDT Policy Post distribution
list, but I felt that this issue was sufficiently important to cc to the
cypherpunks list.
Hope you find this relevant,
Jonah Seiger
CDT editor
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** ** ** *** POLICY POST
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** ** ** *** January 12, 1996
** ** ** *** Number 34
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A briefing on public policy issues affecting civil liberties online
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CDT POLICY POST Number 34 January 12, 1996
CONTENTS: (1) A Victory for Phil Zimmermann, Fundamental Privacy
Issues Remain
(2) Press Release Announcing DOJ's Decision to Drop Case
(3) Subscription Information
(4) About CDT, Contacting Us
This document may be re-distributed freely provided it remains in its
entirety. Excerpts may be re-posted by permission ([email protected])
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(1) VICTORY FOR ZIMMERMANN, FUNDAMENTAL PRIVACY ISSUES REMAIN
After 3 years of investigation, the United States Department of Justice
Thursday (1/11) announced that it would not seek an indictment of Phil
Zimmermann, the author of the widely popular encryption program known as
Pretty Good Privacy (PGP). While this development is obviously good news
for Zimmermann, who was the undeserved target of a long and arduous
investigation, criminal threates against those who seek to protect their
privacy remain in place.
The Justice Department had been investigating Zimmermann for possible
violations of Arms Control Regulations of after PGP was posted to Usenet
newsgroups and subsequently distributed through the worldwide Internet in
the spring of 1991.
CDT wishes to extend heartfelt congratulations to Phil, who has
demonstrated remarkable patience and perseverance in the face of harassment
and intimidation by the Federal Government. Instead of laying low and
waiting for the outcome of the investigation, Phil took the offensive and
became the leading figure in the effort to provide easy to use, strong
cryptographic applications to the masses. CDT hopes that Phil will remain
active in the fight to encourage the relaxation of export restrictions and
access to strong cryptography.
FUNDAMENTAL ISSUES REMAIN -- EXPORT OF STRONG CRYPTOGRAPHY STILL
PROHIBITED, FUTURE PROSECUTIONS OF CRYPTOGRAPHERS BY THE FEDERAL GOVERNMENT
STILL POSSIBLE
Although the announcement by the Justice Department is a tremendous
personal victory for Phil Zimmermann, government restrictions on encryption
exports remain firmly in place. As such, the current Administration policy
is a major roadblock to privacy and security, as well as the future of
commerce, on the Internet. The Clinton Administration continues to push for
a national cryptography policy based on key-escrow and limited key lengths.
In addition, the Administration's current policy proposal seeks to use
export controls as a means to influence the domestic marketplace for
cryptographic applications.
The decision to drop the case against Zimmermann also leaves unresolved the
question of whether posting materials on the Internet could result in the
violation of export control regulations. Although Zimmermann's defense was
based in part on the argument that the First Amendment protects such
postings, that question remains undressed. As a result, developers of
strong cryptographic applications who make their programs available on the
Internet may in the future face harassment and indictments from the Federal
Government. This issue is currently pending before Federal Judges in the
Karn and Bernstein cases.
BACKGROUND ON THE DISPUTE
The export of cryptographic applications with key lengths above 40 bits is
currently illegal under the International Trafficking in Arms Regulations
(ITAR). The Government maintains that these restrictions are necessary in
order to protect national security, and has successfully fought efforts to
repeal or relax the export controls (including efforts by fmr. Rep. Maria
Cantwell (D-WA) in 1994). Privacy advocates and the computer hardware and
software industry argue that the export controls stifle the development of
strong cryptography both domestically and internationally, undermining
privacy and security on the global information infrastructure.
When Zimmermann published PGP in 1990, it was among the first widely
available and relatively easy to use cryptographic applications, and for
the first time provided the average citizen with the ability to protect
sensitive information on the relatively insecure Internet. In the eyes of
the Government however, PGP represented a threat to national security and
law enforcement. Although the government has announced that it will not
prosecute Zimmerman, government efforts to restrict the distribution of
strong cryptography will no dobut continue.
As privacy advocates, we must not allow Zimmermann's victory to conceal the
larger issues. Privacy, security, and commerce on the Internet remain
hostage to export restrictions, the National Security Agency, and Clinton
Administration efforts to impose an unworkable key-escrow regime.
For more information on the Administration's current cryptography policy
initiative and what CDT is doing to fight it, visit CDT's cryptography
issues web page.
URL:http://www.cdt.org/crypto.html
For More Information Contact:
Daniel J Weitzner, Deputy Director <[email protected]>
Center For Democracy and Technology
+1.202.637.9800
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(2) DOJ PRESS RELEASE ANNOUNCING THE DECISION TO DROP THE ZIMMERMANN
CASE
United States Attorney
Northern District of California
______________________________________________________________________
San Jose Office (408) 535-5061
280 South First Street, Suite 371
San Jose, California 95113 FAX: (408) 535-5066
PRESS RELEASE
FOR IMMEDIATE RELEASE
January 11, 1995
Michael J. Yamaguchi, United States Attorney for the
Northern District of California, announced today that his office
has declined prosecution of any individuals in connection with
the posting to USENET in June 1991 of the encryption program
known as "Pretty Good Privacy." The investigation has been
closed. No further comment will be made by the U.S. Attorney's
office on the reasons for declination.
Assistant U.S. Attorney William P. Keane of the U.S.
Attorney's Office in San Jose at (408) 535-5053 oversaw the
government's investigation of the case.
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(3) SUBSCRIPTION INFORMATION
CDT Policy Posts, which is what you have just finished reading, are the
regular news publication of the Center For Democracy and Technology. CDT
Policy Posts are designed to keep you informed on developments in public
policy issues affecting civil liberties online.
In order to subscribe to CDT's Policy Post list, send mail to
[email protected]
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If you ever wish to remove yourself from the list, send mail to the
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(4) ABOUT THE CENTER FOR DEMOCRACY AND TECHNOLOGY/CONTACTING US
The Center for Democracy and Technology is a non-profit public interest
organization based in Washington, DC. The Center's mission is to develop
and advocate public policies that advance constitutional civil liberties
and democratic values in new computer and communications technologies.
Contacting us:
General information: [email protected]
World Wide Web: URL:http://www.cdt.org/
FTP URL:ftp://ftp.cdt.org/pub/cdt/
Snail Mail: The Center for Democracy and Technology
1001 G Street NW * Suite 500 East * Washington, DC 20001
(v) +1.202.637.9800 * (f) +1.202.637.0968
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End Policy Post No. 34 1/12/96
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