Re: My chat with Goeff Greiveldinger

[Michael Froomkin <froomkin@law.miami.edu>]

Tim May asks why Greiveldinger is invited (or, more to the point, why he 
accepted the invitation).

I don't know.  There are fun legal issues, not all arising from contract 
here.  In particular, assume for a momement that (1) the goverment offers 
"escrow" services and/or (2) the government requires that >40 bit 
encryption products include mandatory US govt-apporved escrow as a 
precondition for export clearance [the NIST trial balloon].

Under (1) your participation in the escrow is not necessarily 
"voluntary"; a similar, if less powerful, argument can be made under 
(2).  Also, when the government provides the "escrow service" different 
liability rules may apply.

FWIW, My guess is GG is going because the right person asked him.  That's 
why I'm going, and that's how Washington works...

A. Michael Froomkin        | +1 (305) 284-4285; +1 (305) 284-6506 (fax)
Associate Professor of Law | 
U. Miami School of Law     | froomkin@law.miami.edu
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