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Newsgroups: comp.archives.admin From: emv@garnet.msen.com (Edward Vielmetti) Subject: Subpoena served on Crypto Date: 17 Sep 1993 17:18:35 GMT Organization: Msen, Inc. -- Ann Arbor, MI (account info: +1 313 998-4562) Message-ID: <27crhb@nigel.msen.com> Lines: 184

[ Article crossposted from alt.wired,comp.lang.c,alt.activism,misc.legal,alt.censorship ] [ Author was Grady Ward ] [ Posted on Fri, 17 Sep 1993 06:59:50 GMT ]

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