(fwd) Subpoena served on Crypto

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From: grady@netcom.com (Grady Ward)
Subject: Subpoena served on Crypto
Message-ID: <gradyCDHKrr.46E@netcom.com>
Organization: Moby lexicons
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Date: Fri, 17 Sep 1993 06:59:50 GMT
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FOR IMMEDIATE RELEASE
 
Subpoena served on Austin Code Works for
material related to Moby Crypto.
 
 
At 10:30 PM EDT  Thursday, 16 Sept 1993 Theodore R. Siggins,
special agent for the Department of Treasury, U.S.
Customs Service office of enforcement for
Austin, TX (512) 482-5502 served the following
subpoena:
 
United States District Court
Northern District of California
 
TO:
 
Custodian of Records
Austin Code Works
11100 Leafwood Lane
Austin, TX
(512) 258-0785
 
SUBPOENA TO TESTIFY BEFORE GRAND JURY
documents of object(s)
 
 
PLACE
 
U.S. Courthouse & Federal Building
280 South First Street
San Jose, CA  95113
 
Grand Jury Room 2115
September 22, 1993  9:00 AM
 
YOU ARE ALSO COMMANDED to bring with you
 
Any and all correspondence, contracts, payments, and record,
including those stored as computer data, relating to the
international distribution of the commercial product "Moby
Crypto" and any other commercial product related to PGP and RSA
Source Code for the time period June 1, 1991 to the present.
 
 
CLERK
 
RICHARD W. WIERKING
by deputy  clerk (illegible)
 
This subpoena is issued on application of the United States of America
Michael J. Yamaguchi
United States Attorney
 
Assistant U.S. Attorney
William P. Keane
280 S. First St., Suite 371
San Jose, CA  95113
(408) 291-7221
s/a Robin Sterzer, Customs
93-1348(SJ) 93-1(SJ)
 
9 September 1993
 
 
served by
 
Theodore R. Siggins
special agent
Department of Treasury
U.S. Customs Service
Office of Enforcement
P.O. Box 99
Austin, TX 78767
 
(FTS) 770-5502
(512) 482-5502
 
 
--------------------------- BACKGROUND ----------------------------
 
The day before yesterday I faxed the following to the NSA:
 
 
 
Grady Ward
3449 Martha Ct.
Arcata, CA  95521
(707) 826-7715
grady@netcom.com
 
 
 
Charlotte Knepper
National Security Agency
301 688 7834
FAX 301 688 8183
 
									14 Sep 93
 
 
Re:  Moby Crypto and the Austin Code Works
 
 
Recently you phoned Maria Guthery at the Austin Code Works (512-258-0785)
to voice your concern about the publication for export
of my product 'Moby Crypto'.
 
As the editor and author of the compilation I made sure not to include
any executable code -- only the algorithmic description in C source code
that can be found (and exported) from scores of books and journals from
the US distributed throughout the world.
 
I believe that this material qualifies for the 'public domain' technical
documentation exception under the current DTR rules.
It seems to me that proscribing the publication of material because it is
conveyed on a magnetic media rather than paper pulp is an NSA initiative
that is both destructive to our basic freedom of expression and to the
trade renaissance that Vice President Al Gore and the Clinton Administration
are trying to foster.
 
Even the Supreme Court recognizes the role of the computer media in
protecting our freedom; beginning this 1993 calendar year all decisions
will be provided in electronic form. Further, as you may know, it was
recently decided that White House records in electronic form must be
protected as a permanent archive of our government.  Clearly, magnetic
media must be treated as a logical extension of the power and fundamental
right of the print media.
 
Please phone, fax, e-mail or post your ideas or any literature to me that
you think useful if I have misapprehended the situation.
 
Of course if you wish I will send you a gratis copy of the software
(about nine megabytes of sources for DES, RSA, IDEA, Lucifer, PGP, SHA,
and so on) for your advice and comments.
 
Very truly yours,
 
 
GRADY WARD
 
 
--------------------- WHAT YOU SHOULD DO ---------------------
 
NSA and the US Treasury has started a new, agressive campaign to
prevent the spread of cryptographic ideas, algorithms, sources,
and documentation.  The subpoena was served on the ACW in the night
because they MIGHT have sold a copy of source code, already available
worlwide, to a foreign national.
 
If you value the freedom to disseminate ideas on both paper and magentic
and electronic media, you should immediately preserve your right to
have such knowledge by obtaining a copy of the source to Pretty Good Privacy
and all other cryptographic materials before a possible complete blackout
of such material is attempted by the US authorities.
 
It is not yet against the law to possess source code to PGP, the world's
foremost encryption application in the United States.  Source is available
for a variety of platforms including MS-DOS, Unix, and Macintosh from
the following sites:
 
soda.berkeley.edu
ghost.dsi.unimi.it
nic.funet.fi
ota.ox.ac.uk
van-bc.wimsey.bc.ca
 
and many other sites
 
For more information about PGP,
send a blank mail message to:
pgpinfo@mantis.co.uk
 
 

-- 
Grady Ward                                         grady@netcom.com
3449 Martha Ct.                           compiler of Moby lexicons
Arcata, CA  95521-4884            e-mail or finger grady@netcom.com
(707) 826-7715  (voice/24hr FAX)               for more information

Get on the phone to EFF ASAP.

Here's the bibliography I promised earlier. If someone would put this up
on soda and perhaps even add to the list, I'd really appreciate it. --Phil

------

As a few people have requested, here's my current bibliography of DES
source code listings found in various widely published books or
magazines. Note that I have explicitly excluded the dozens of books
and publications that merely *describe* the DES algorithm -- even
descriptions complete enough to use as a basis for implementation.
They don't count because, as we all know, only Americans are smart
enough to turn an algorithm description into C code (or so our
government believes.)

Additions or corrections to this list are welcome. Again, I'm only
interested in actual code listings.  --Phil


"The Standard Data Encryption Algorithm", Harry Katzan Jr, Petrocelli
Books, 1977 ISBN 0-89433-016-0 (APL).

"Computer Networks", Andrew S. Tanenbaum, Prentice Hall (both
editions; second edition is ISBN 0-13-162959-X). (Pascal)

"Numerical Recipes", William H. Press et al, Cambridge University
Press.  (Fortran and Pascal version is ISBN 0-521-30811-9.  Also in
"Numerical Recipes in C").

"UNIX System Security", Wood and Kachan, Hayden. ISBN 0-8104-6267-2.

Byte Magazine, April 1977 (6502 Assembler).

"Cryptography: An Introduction to Computer Security", Seberry and Pieprzyk,
Prentice Hall Australia. (C)

"Mathematical Cryptology for Computer Scientists and Mathematicians",
Wayne Patterson, Rowman and Littlefield, 1987. ISBN 0-8476-7438-X.

Introduction to the Analysis of the Data Encryption Standard (DES),
by Wayne G. Barker, ISBN 0-89412-169-3 (soft cover), 0-89412-170-7 (library
bound), 1991, Aegean Park Press, Appendix G. (Basic, of all things).

Cypherpunks:

I spoke just now with Maria Nekam, the owner of Austin Code Works. She is 
doing fine, has complied with the request for documents, and believes that
her company has nothing to hide. She believes that they have taken all
reasonable precautions to prevent the export of the DES materials.

Interestingly enough, she had been contacted by the NSA a couple of weeks
ago, and informed of the restrictions on exporting DES, although she was
already complying with these restrictions.

I asked if there was anything that the various organizations could do 
to help; she feels that the situation is under control.

When asked about her opinion of the DES export restrictions, she declined
to comment, saying that her company was just a small player and she didn't
want to get involved. 

I told her about the crypto conference we are having (coincidentally?) on
the same day as the hearing. Since her presence is not required at the
hearing, she will try to attend.

As I was writing the above, my phone call to Theodore R. Siggins, the
customs agent mentioned in the subpoena was returned. We spoke briefly;
he was friendly but felt "it would be inappropriate for me to comment on 
any matters concerning the grand jury." When I asked him if this was part
of an overall crackdown on cryptography export, he referred me 
to the special agent in charge, Leonard Lindheim, (202) 229-4561.

Doug

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