4 September 1997
Source: Hardcopy from Peter Junger
Gino J. Scarselli, Esq.
664 Allison Drive
Richmond Hts., Ohio 44143
gscarsel@mail.multiverse.com
Tel.Fax 216-291-8601
re: APPLICATION NO. 082061
June 12, 1997
Department of Commerce
Bureau of Export Administration
To whomever it may concern:
This letter will serve as additional information for the classification requests in Application No. Z 082061.
My client, Professor Peter D. Junger, is currently in litigation with the Commerce Department over the export controls on encryption under the Export Administration Regulations (EAR). In the interest of furthering the litigation, we seek classification requests under §748.3 of the EAR for the following items:
1. Instructions for creating TWI.COM2. Chapter One of Computers and the Law
3. An html page containing hyperlinks to encryption programs overseas
We submit these requests in an effort to determine whether the above items are subject to the Export Administration Regulations (EAR) as "Encryption software" classified under ECCN 5D002 or "Encryption technology" classified under ECCN 5E002. 15 C.F.R. Part 774.
We seek a classification for each item in "electronic forrn or media" as described in the Notes to paragraphs (b)(2) and (b)(3) following § 734.3 of the EAR. We have included a DOS- formatted disk, along with this application, containing item (3) and printed copies of all of the items
What follows is additional information on the items.
Item I
Item I consists of the instructions for creating an executable version of an encryption program using a one-time pad that was written by Peter Junger and that runs on MSDOS machines. These instructions in turn include a hexadecimal representation of the executable code. A printed copy of these instructions is found in Attachment A to this letter.
Item 2
Item 2 consists of part of Chapter One of the casebook written by Professor Junger for his class in Computers and the Law last year. A printed copy of the chapter is found in Attachment B.
- 1 -
It is our position that encryption software embodied in longer texts is not covered under the EAR .
Item 3
Item 3 consists of a page of hypertext written in HTML containing direct links to numerous encryption programs that can be downloaded from sites outside of the United States. Professor Junger wishes to add this page of links, with additional items. to the other pages that are available on his web server at <http://samsara.law.cwru.edu/links/>.
A printed copy of the html page is found in Attachment D to this letter. The html version is included on the diskette marked "082061" file name"cryptolinks.html."
It is our position that links themselves are not covered under the EAR.
Since we are not seeking an Advisory Opinion, as defined in 15 C.F.R. § 748.3, with respect to any of the listed items, the EAR requires a response within fourteen (14) days from the date the application is received. 15 C.F.R. § 750.2. If you have any questions, please contact me at 216-291-8601.
Sincerely,
[Signature]
Gino J. Scarselli
Attorney for Peter Junger
cc: Professor Peter D. Junger
Kevin Francis O'Neill, Esq.
Ray Vasvari, Esq.
Attachments
ATTACHMENT A
APPLICATION NO. 082061
Here are the instructions on how to create the TWI.COM program
Creating TWI.COM
[CAUTION It apparently would be a violation of the International
Traffic in Arms Regulations to export or transmit this document
outside the United States or to disclose its contents to a foreign
person without first obtaining permission from the Office of Defense
Trade Controls in the United States Department Or State.]
Here are the instructions on how create TWI.COM, a 111 byte version of
the TWID one-time-pad encryption program. (The 109 byte version that
I had planned to use wouldn't run under current versions of DOS until
I added at the end a pair of bytes each containing a binary
zero--which is also, of course, a hexidecimal and a decimal zero. I
don't know if both of those bytes were needed, or just one of them,
but I remembered that I had deleted those two bytes in the process of
of getting TWI.COM down to 109 bytes. That worked under DOS 3.3. but it
does not seem to work under current versions.)
TWI.COM will only run on MSDOS machines.
These instructions explain how to load a version of TWI.COM into
memory and how to save it on a floppy disk, using the MSDOS DEBUG
program. What you will be doing is typing in the hexidecimal version
of the machine code of TWI.COM--a process that you will undoubtedly
find slow and painful. But it isn't that slow and painful. Actually
entering the machine code--even if it is in a hexidecimal rather than
a binary representation--is reminiscent of the way one programmed
early computers that did not have assemblers or compilers or operating
systems and all the other programs that now reside between the
computer's hardware and the programmer, early machines like the Altair
and IMSAI computers that one programmed by actually flipping a switch
to load each bit into the machine. Now that was slow and painful.
But the TWI program actually relies on the MSDOS operating system, of
which the DEBUG program is a small part, to open and close the file
containing the key--the file that is named 'S'--and to redirect
standard input to the plaintext file and standard output to the file
that contains the encrypted message It would be a much more
difficult job to load in a program like TWI.COM, and get it to work,
if the MSDOS operating system were not already loaded on the machine.
TWI.COM only contains 111 bytes; without having the MSDOS operating
system to do all the work the code would have to occupy several thousand
more bytes. So loading TWI.COM with DEBUG is much easier than loading a
similar program into an Altair box without an operating system.
The DEBUG program was not designed to be used to load a new program
like TWI.COM into memory. As its name suggests, its intended use is
the examination and modification of existing programs, not the
creation of new ones. One can use DEBUG to load a new program into
memory, but there is no way to save it--that I know of, but I am not
an expert on DEBUG--unless one has loaded it in as a modification of
some pre-existing file of the same length. So I have prepared a file
named TWI.XXX that is exactly 111 bytes long that you can use with
DEBUG to create the actual TWI.COM file. TWI.XXX can be downloaded
from the samsara web server. The URL is
http://samsara/comp_law/twi.xxx
When you examine it with a web browser or an editor or using the MSDOS
TYPE command, the contents of TWI.XXX look like this:
aaaaaaaa
aaaaaaaa
aaaaaaaa
aaaaaaaa
aaaaaaaa
aaaaaaaa
aaaaaaaa
aaaaaaaa
aaaaaaaa
aaaaaaaa
aaaaaaaaa
TWI.XXX contains ten lines consisting of eight representations of the
2
[Balance of 8-page TWI.COM instructions omitted]
ATTACHMENT B
APPLICATION NO. 082061
Computers and the Law
Peter D. Junger
Fall, 19961
1 This still very tentative edition is being assembled as the course is being taught, so the work is a product, not only of the author, but of the students who took the course in Computers and the Law at CWRU Law School in 1993 through 1995 and those who are now taking it in 1996.
[Balance of 28-page textbook excerpt omitted; see partial version: http://jya.com/pdj003b.htm]
ATTACHMENT C
APPLICATION NO. 082061
[11 pages of cryptographic URLs]
[Two-page form]
FORM BXA-748P
MULTIPURPOSE APPLICATION
APPLICATION CONTROL NUMBER
This is NOT and export license number
Z 082061
1. CONTACT PERSON Gino J. Scarselli
2. TELEPHONE 216-291-8601
3. FACSIMILE 216-291-6801 [sic]
4. DATE OF APPLICATION 6/10/97
5. TYPE OF APPLICATION Classification Request
6. DOCUMENTS SUBMITTED WITH APPLICATION BXA-748P-A; Tech Specs;
Letter of Application
[Snip blanks 7. to 13.]
14. APPLICANT Gino J. Scarselli
664 Allison Drive
Richmond Hts.
OH USA 44143
SS: XXX-XX-XXXX
[Snip blanks 15. to 21.]
---------------------------------------------------------------------
22.(a) ECCN 5D002 and/or 5E002
[Snip blanks 22.(b) to 22.(h)]
22.(i) MANUFACTURER Peter Junger
22.(j) TECHNICAL DESCRIPTION Instructions for creating the executable
encryption program TWI.COM
---------------------------------------------------------------------
[Snip blank 23.]
24. ADDITIONAL INFORMATION See accompanying letter and Attachment A
[Snip illegible certification statement]
25. SIGNATURE [Signature]
NAME OF SIGNER Gino J. Scarselli
TITLE OF SIGNER Attorney for Peter Junger
[Snip illegible notice]
[Form continued]
ITEM APPENDIX
APPLICATION CONTROL NUMBER Z 082061
---------------------------------------------------------------------
22.(a) ECCN 5D002 not covered see letter
22.(i) MANUFACTURER Peter Junger
22.(j) TECHNICAL DESCRIPTION Chapter One of the Computers and the Law
text book. See accompanying letter and
Attachment B.
---------------------------------------------------------------------
22.(a) ECCN 5D002 not covered see letter
22.(i) MANUFACTURER Peter Junger
22.(j) TECHNICAL DESCRIPTION An html page containing hyperlinks to
encryption programs overseas. See
accompanying letter and Attachment C.
---------------------------------------------------------------------
[Snip blank balance]
[End Scarselli June 12, 1997 letter to BXA]