Xref: gmd.de alt.security.pgp:5134 talk.politics.crypto:465 Path: gmd.de!newsserver.jvnc.net!darwin.sura.net!math.ohio-state.edu! sol.ctr.columbia.edu!news.kei.com!eff!eff!not-for-mail From: mnem...@eff.org (Mike Godwin) Newsgroups: alt.security.pgp,talk.politics.crypto Subject: EFF RESPONDS TO PGP CASE Date: 30 Sep 1993 17:26:39 -0400 Organization: Electronic Frontier Foundation Lines: 80 Message-ID: <28fiuf$css@eff.org> NNTP-Posting-Host: eff.org 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 (dub...@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 -- Mike Godwin, (202) 347-5400 |"In our sleep, pain which cannot forget mnem...@well.sf.ca.us | falls drop by drop upon the heart until, Electronic Frontier | in our own despair, against our will, comes Foundation | wisdom through the awful grace of God."