Path: utzoo!mnetor!uunet!husc6!cmcl2!brl-adm!umd5!ames!ucsd!sdcc6!sdcc3!ps111wei
From: ps111wei@sdcc3.ucsd.EDU (Keith Messer)
Newsgroups: sci.crypt
Subject: Re: distribution of sensitive software like DES
Message-ID: <4143@sdcc3.ucsd.EDU>
Date: 22 Feb 88 22:29:53 GMT
References: <8801281211.AA13780@decwrl.dec.com> <8802162241.AA16997@armagnac.DEC.COM> <2275@geac.UUCP>
Reply-To: ps111wei@sdcc3.ucsd.edu.UUCP (Keith Messer)
Organization: University of California, San Diego
Lines: 43
Keywords: DES US DEC lawyers fascist totalitarian geeks

Now see here,

	I propose that compilable source posted on a bullitin board
is not truly a computer program, but public domain technical data.
Truly, C source is not executable, and it is not in an executable
format as long as it has a mail header attached.  It must be
has two barriers to qualifying as a computer program:

	1) Compiler source is not compiled and;
	2) it has a mail/bullitin board header attatched.

	In other words, it is text describing how a program (ie.
potential defense material) may be created, and is really a sort of
outline of what a computer must do.  I would also expect that source
code falls under the first ammendment, because there are a large
Number of people who read source rather than compiling it.  I
personally have not compiled anything posted here, only read it out
of interest.  I suspect that at least half of the people who read
this newsgroup, and probably 90% or so, are more interested in how
posted source works than compiling it on their own machines.

	I'd be very interested in what the DEC lawyers had to say
about this, but sadly they have wimped out in advance.  I think that
between first ammendment rights, an unclear distinction between
software and technical data, and the fact that in any case a DES
cracker will not hurt the United States, we have nothing to worry
about legally.  Try to keep in mind the spirit as well as the letter
of the law, DEC!  I'm sure that the NSA has someone reading this
newsgroup, and they haven't given us any problems yet.  I personally
don't think they will.  It would make a lot of sense right now to
make >sure< that United States national security cannot be biased by
our breaking the DES, because if I don't do it I'm fairly confident
that someone else will before the end of the year.  And when it
happens, if the idea turns out not to be marketable, someone will
inevitably post a known-plaintext DES decrypter.

	Does anyone in California want to give me a Summer job?  I'm
going to go crazy if I spend another Summer sanding boats!

					Keith Messer

P.S.  Ok, ok, so how 'bout out of California?  Oh well, I can see the
      fiberglass dust already...