Hacker Chronicles 2

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Text File | 1993-09-20 | 21KB | 527 lines

▒▒▄ ▒▒▒▒▒▒▄ ▒▒▒▒▒▒▄ ▒▒▒▒▒▒▄ ▒▒▄ ▒▒▒▄▄ ▒▒▄ ▒▒▒▒▒▒▄ ▒▒▒▒▒▒▄ ▒▒█ ▒▒█▀▀▀▀ ▒▒█▀▀▀▀ ▒▒█▀▒▒█ ▒▒█ ▒▒█▒▒█▒▒█ ▒▒█▀▀▀▀ ▀▒▒█▀▀ ▒▒█ ▒▒▒▒▒▄ ▒▒█▒▒▒▄ ▒▒▒▒▒▒█ ▒▒█ ▒▒█ ▀▒▒▒█ ▒▒▒▒▒▄ ▒▒█ ▒▒█ ▒▒█▀▀▀ ▒▒█ ▒▒█ ▒▒█ ▒▒█ ▒▒█ ▒▒█ ▒▒█ ▒▒█▀▀▀ ▒▒█ ▒▒▒▒▒▒▄ ▒▒▒▒▒▒▄ ▒▒▒▒▒▒█ ▒▒█ ▒▒█ ▒▒▒▒▒▒▄ ▒▒█ ▒▒█ ▒▒▒▒▒▒▄ ▒▒█ ▀▀▀▀▀▀ ▀▀▀▀▀▀ ▀▀▀▀▀▀ ▀▀ ▀▀ ▀▀▀▀▀▀ ▀▀ ▀▀ ▀▀▀▀▀▀ ▀▀ ▒▒▒▄▄ ▒▒▄ ▒▒▒▒▒▒▄ ▒▒▄ ▒▒▄ ▒▒▒▒▒▒▄ ▒▒█▒▒█▒▒█ ▒▒█▀▀▀▀ ▒▒█ ▒▒█ ▒▒█▀▀▀▀ ▒▒█ ▀▒▒▒█ ▒▒▒▒▒▄ ▒▒█ ▒▒█ ▒▒▒▒▒▒▄ ▒▒█ ▒▒█ ▒▒█▀▀▀ ▒▒█▒▒▄▒▒█ ▀▀▀▒▒█ ▒▒█ ▒▒█ ▒▒▒▒▒▒▄ ▀▒▒▒▒█▀▀ ▒▒▒▒▒▒█ ▀▀ ▀▀ ▀▀▀▀▀▀ ▀▀▀▀ ▀▀▀▀▀▀ Legal Net Newsletter Volume 1, Issue 17 -- September 21, 1993 Legal Net Newsletter is dedicated to providing information on the legal issues of computing and networking in the 1990's and into the future. The information contained in this newsletter is not to be misconstrued as a bona fide legal document, nor is it to be taken as an advocacy forum for topics discussed and presented herein. The information contained within this newsletter has been collected from several governmental institutions, computer professionals and third party sources. "Legal Net News", "Legal Net Newsletter" and the Legal Net News logo are Copyright (c) 1993 Paul Ferguson -- All rights reserved. This newsletter may be freely copied and distributed in its entirety. Legal Net News can be found at the following locations: Publicly Accessible BBS's ------------------------- The SENTRY Net BBS Arlington Software Exchange Centreville, Virginia USA Arlington, Virginia USA +1-703-815-3244 +1-703-532-7143 To 9,600 bps To 14,400 bps The Internet ------------ To subscribe to Legal Net News, send an e-mail message to <maiser@ins.tstc.edu> with the following text in the body of the message: SUBSCRIBE LNN To unsubscribe send the message text: UNSUBSCRIBE LNN The mail server has no facility for requesting help at this time, however, when you join the list you will be sent a "WELCOME" message describing Legal Net News in more detail, i.e. what Legal Net News is about, and how to handle unsubscribing from the list. Please send any admin mail (problems with the mailserver, etc.) to: <postmaster@tstc.edu> Back issues of Legal Net News can be obtained by anonymous FTP at: tstc.edu (161.109.128.2) Directory: /pub/legal-net-news E-mail submissions, comments and editorials to: fergp@sytex.com - -- In this issue - o The Beginning -- Cryptographic Trial by Fire - -- I had not intended to hastily patch together this issue; in fact, I had an entirely different issue slated for dispatch until this turn of events. I sure hope that if you are reading this, that you also understand the implications of these messages. - Paul ------- Forwarded Messages Subject: (fwd) *FLASH* Moby SUBPOENA served Newsgroups: comp.org.eff.talk,sci.crypt,alt.security.pgp,talk.politics.crypto Organization: NETCOM On-line Communication Services (408 241-9760 guest) Xref: netcom.com comp.org.eff.talk:20002 sci.crypt:17638 alt.security.pgp:4909 talk.politics.crypto:102 Newsgroups: comp.org.eff.talk,sci.crypt,alt.security.pgp,talk.politics.crypto Path: netcom.com!grady From: grady@netcom.com (Grady Ward) Subject: *FLASH* Moby SUBPOENA served Message-ID: <gradyCDHF2s.Gto@netcom.com> Organization: Moby lexicons X-Newsreader: TIN [version 1.1 PL8] Date: Fri, 17 Sep 1993 04:56:51 GMT Lines: 22 FLASH At 10:30 PM EST 9/16/93 a subpoena was served on the Austin Code Works of Austin TX relating "any and all correspondence, contracts, payments, records, incluing computer data relating to Moby Crypto and any other commercial product relating to PGP and RSA" you are commanded to give to Michael J. Yamaguchi United States Attorney Northern District of California served by Theodore R. Siggins, special agent Department of Treasury, US Customs Service More details later. - -- 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 ------- End of Forwarded Message - -- >From pgp-dev@ra.oc.com Fri Sep 17 00:34:20 1993 Date: Fri, 17 Sep 1993 02:32:46 -0500 From: Philip Zimmermann <prz@columbine.cgd.ucar.EDU> Subject: PGP Customs investigation subpoena I will be posting a note similar to this one later on Friday to various newsgroups. You saw it here first. -prz -------------------------------------------------------------- On Tuesday, 14 September 93, Leonard Mikus, president of ViaCrypt, also known as LEMCOM Systems, in Phoenix, Arizona, was served a Subpoena to Testify Before Grand Jury, to produce documents. The subpoena was issued by the US District Court of Northern California, by Assistant US Attorney William P. Keane in San Jose, as part of an investigation from the San Jose office of US Customs, conducted by Special Agent Robin Sterzer. The US Attorney above Keane is Michael J. Yamaguchi. ViaCrypt is the company that will be selling a fully licensed commercial version of PGP, starting in November. ViaCrypt has a license from PKP to sell products that embody the patents held by PKP. That includes PGP, using the RSA algorithm. The subpoena, dated 9 September, orders the production of "Any and all correspondence, contracts, payments, and records, including those stored as computer data, involving international distribution related to ViaCrypt, PGP, Philip Zimmermann, and anyone or any entity acting on behalf of Philip Zimmermann for the time period June 1, 1991 to the present." The date specified for the production of documents is 22 September 93. The written agreement between ViaCrypt and myself explicitly states that US State Department cryptographic export controls will be adhered to. The implications of this turn of events are that this US Customs investigation has escalated to the level of a Federal Grand Jury and a US Attorney. US Customs says that this change was precipitated by a ruling recently handed down from the State Department that PGP is not exportable. Other subpoenas and/or search warrants are expected. I am the principal target of the investigation. I have advised EFF, CPSR, and my other attorneys of the situation. A legal defense fund will be set up by my lead attorney (Phil Dubois, 303 444-3885) here in Boulder. This case raises some serious public policy questions regarding First Amendment rights to publish, rights to privacy as affected by widespread availability of cryptographic technology, the equivalance of electronic publication with paper publication, the availablity of lawful domestic cryptographic technology in the face of export controls, and certain other Constitutional rights. This may turn into the test case for these issues. -Philip Zimmermann prz@acm.org 303 541-0140 -- Xref: netcom.com alt.wired:475 comp.lang.c:62219 alt.activism:50763 misc.legal:62914 alt.censorship:19449 Newsgroups: alt.wired,comp.lang.c,alt.activism,misc.legal,alt.censorship Path: netcom.com!grady From: grady@netcom.com (Grady Ward) Subject: Subpoena served on Crypto Organization: Moby lexicons Date: 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 - -- Date: Fri, 17 Sep 1993 14:21:17 -0400 Message-Id: <199309171821.AA24935@eff.org> To: toad.com!cypherpunks, netcom.com!grady, acm.org!prz From: uunet!eff.org!ssteele (Shari Steele) Subject: Crypto Witchhunt? Cc: eff.org!eff-board, eff.org!eff-staff To the 'net community: EFF is very concerned about the Customs Department-initiated grand jury investigation into encryption export violations. Two U.S. companies have been subpoenaed to produce documents related to the "international distribution" of commercial products utilizing PGP and RSA source code. Neither of these companies are engaged in the international distribution of any illegal materials. EFF is working with the concerned parties and is trying to find out the scope of the grand jury investigation. Unfortunately for us in this case, grand jury investigations are secret, so learning the scope is proving to be quite difficult. What we do know is this: Austin Code Works, a software publisher in Austin, Texas (heavy sigh), has been planning to publish a code document written by Grady Ward called Moby Crypto. Grady describes Moby Crypto as simply containing descriptive source code, not executable object code, describing many cryptographic routines that are freely available around the world. Most of this material has been released in print form already. The important distinction seems to be that Moby Crypto will be released in machine-readable format. Austin Code Works has told Customs Agents that it does not intend to release Moby Crypto outside of the U.S., yet the company has been subpoenaed to release all documents related to this product. (Incidently, if Moby Crypto contains no executable code, it should be exportable under ITAR, just as textbooks containing such materials are exportable.) ViaCrypt, a Phoenix, Arizona,-based (heavy sigh again -- man, does this ring familiar) software producer that has a license to sell software products that use the RSA algorithm, was issued a similar subpoena. ViaCrypt has recently contracted with Phil Zimmermann, creator of the PGP encryption code, to sell a commercial version of PGP. ViaCrypt only distributes its products containing the RSA algorithm within the United States, since RSA is not exportable under ITAR. EFF has been in touch with Phil Zimmermann and his attorney, Grady Ward, and the owner of Austin Code Works. We have advised everyone that there is nothing to hide and that they should abide by the subpoenas and produce the documents requested. We will not know what the appropriate response should be until the grand jury makes its determinations. In the meantime, we want everyone to know that EFF is committed to ensuring that the right to use and publish whatever encryption method an individual chooses to use is protected. Jerry Berman, EFF's Executive Director, issued the following internal message this morning: >I've assured Phil that he is not alone, and I have talked with his attorney. >If Phil is charged with export control violations based on making PGP >available in the US on a non-commercial basis and it happens to get >published or copied overseas, First Amendment issues indeed may be joined. >As of now, ViaCrypt has done no "exporting" and does not intend to. I have >the subpoena. Indeed, EFF has copies of both subpoenas. We will continue to keep you informed of what's going on as we learn the facts. EFF is deeply concerned, and we want Phil and everyone else involved to know that they are not alone. As soon as it becomes clear what specifically is being investigated, EFF will respond. Shari ****************************************************************************** Shari Steele Director of Legal Services Electronic Frontier Foundation 1001 G Street, NW Suite 950 East Washington, DC 20001 202/347-5400 (voice), 202/393-5509 (fax) ssteele@eff.org - -- Date: Sun, 19 Sep 93 12:32:28 MDT From: Philip Zimmermann <uunet!columbine.cgd.ucar.EDU!prz> Cc: csn.org!dubois (Philip L. Dubois) X-Mailer: ELM [version 2.3 PL0] Some of you may have received my Internet message of a couple of days ago about the ongoing U.S. Customs investigation of the exportation of PGP, which has now progressed to the level of Federal Grand Jury subpoenas. This earlier message was intended by me for distribution to a very small group of friends who previously communicated their concern about me and the investigation and asked to be kept informed. I did not send the message to anyone outside this group. Unfortunately, I did not adequately assert my desire that the message not be further disseminated. It appears that the message has gone completely public. This was not my intention. My lawyer, Phil Dubois, has been in touch with the Assistant U.S. Attorney (William Keane) assigned to the investigation. We have no reason to believe that Mr. Keane is anything other than a professional and reasonable person. He made it clear that no decision has been made regarding any prosecution of anyone for any offense in this matter. Such decisions will not be made for some time, perhaps several months. Mr. Keane also made clear his willingness to listen to us (me and my lawyer) before making any decision. It appears that both Mr. Keane's mind and the lines of communication are open. My fear is that public dissemination of my message will close the lines of communication and put Mr. Keane into an irretrievably adversarial position. Such a result would not serve any of our interests. My lawyer tells me that nothing irritates a prosecutor more than being the subject of what he perceives to be an orchestrated publicity campaign. He also tells me that his nightmares involve FOAs (Friends Of the Accused), invariably people with good intentions, doing things on their own. I understand that the issues involved in this investigation are of the greatest importance and transcend my personal interests. Even so, I would rather not turn an investigation into a full-scale federal prosecution. I ask that everyone keep in mind that the government's resources are limitless and that mine are not. Speaking of resources, many of you have offered help, and I am grateful. Those wishing to contribute financially or otherwise should contact either me or Philip L. Dubois, Esq., at dubois@csn.org or by phone at 303-444-3885 or by mail at 2305 Broadway, Boulder, CO, 80304. Mr. Dubois has just got on the Internet and is still learning how to use it. Donated funds will be kept in a trust account, and all contributions will be accounted for. If this whole thing somehow goes away with money left in the account, the balance will be refunded to contributors in proportion to the amounts of their contributions. This message can be widely circulated on public forums. Philip Zimmermann prz@acm.org 303 541-0140 - -- End of Legal Net News, Volume 1, Issue 17