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https://www.loundy.com/Roadside_T-Shirt.html
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Published in Roadside U.S.A., a "Community Area" (now defunct) on America Online, May, 1996.
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Is Your T-Shirt a Lethal Weapon?
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Copyright 1996 by David Loundy
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I wanted to use a visual aid in a speech I was preparing on cryptography,
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but I realized to do so would be a mistake. Because my audience might have
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included foreign citizens, showing the visual aid could have made me an
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unlicensed munitions exporter -- subject to as much as $1,000,000 in fines
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and up to ten years in jail under United States law. This was not a fair
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gamble when the speech would have earned me only a free lunch.
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The visual aid was a T-shirt.
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To understand how wearing an article of clothing could make you an
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international arms dealer, it helps to take a look at the relevant laws and
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some illustrative incidents.
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The Arms Control Export Act (ACEA) gives the president the authority to
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designate certain items (such as battleships and land mines) as defense
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articles or defense services. These designated items make up the United
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States Munitions List. The ACEA further authorizes the International
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Traffic in Arms Regulations (ITAR), which list and control the import and
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export of designated defense articles and services.
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On the munitions list, sandwiched between laser targeting systems and
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particle beam weapons, is cryptographic software. Such software is defined
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as "components or software with the capability of maintaining secrecy or
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confidentiality of information or information systems."
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The ITAR further prohibits exporting cryptographic software (or technical
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data about cryptographic software) without a license from the U.S.
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Department of State. The definition of "export" includes disclosing or
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transferring technical data to a foreign person, either in the U.S. or
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abroad.
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PGP (Pretty Good Privacy) encryption software protects the privacy of
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information sent over unsecure communications channels, such as the
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Internet and online services. Despite governmental attempts to institute
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encryption technologies allowing for federal police surveillance, PGP has
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become the de facto world standard for personal encryption software.
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Only a short time ago the Justice Department dropped an over-two-year grand
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jury investigation against the author of PGP, Philip Zimmermann. Because
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encryption software is on the munitions list, the grand jury investigation
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proceeded on the theory that by posting PGP to an Internet Usenet group,
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Zimmermann became an international arms dealer.
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The conclusion of this investigation is hardly cause for relief. The
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Justice Department backed down only after Zimmerman, winner of a Chrysler
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Innovation in Design award for PGP, waged a protracted publicity battle
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against this assault on computing privacy.
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Moreover, the law remains the same. Without a final adjudication of the
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Zimmerman case on the relevant issues, other users of encryption software,
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including users of PGP, remain exposed to the same charges underlying --
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and the aggravation caused by -- the grand jury investigation.
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Another case involves the book "Applied Cryptography," by Bruce Schneier.
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When Phil Karn applied for a license to export this book (readily available
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in bookstores and libraries), the Office of Defense Trade Controls told him
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that the contents of the book were in the "public domain" and not subject
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to State Department licensing restrictions.
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A request to export a disk with the exact same source code as that printed
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in the book, however, was denied, appealed, and denied again. The State
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Department took the position that while the source code in the book is
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exportable, once that same code is put into a machine-readable form, it
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becomes a controlled munition. Karn's explanation of the relative ease of
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scanning and conversion of the printed source code into machine-readable
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form failed to move the State Department.
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The arbitrary regime under ITAR is now the subject of a full-blown
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constitutional challenge in a California federal court, where Daniel
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Bernstein, a graduate student in mathematics, has challenged the ACEA and
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ITAR as vague, overbroad and in violation of the First and Fifth
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Amendments.
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Bernstein contends that these regulations not only prohibit publication of
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his work in cryptography but also restrain discussion in situations where
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he cannot ascertain the nationality of all possible audience members and
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obtain a license for any foreigners. Bernstein alleges that the regulations
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constitute an impermissible prior-restraint on his First Amendment rights.
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Which brings us to the T-shirts ...
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Billed by promoters as a "classic example of civil disobedience," the shirt
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has some computer code printed on it. The code is an implementation of the
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"RSA" algorithm published by three M.I.T. professors.
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It is the same algorithm used in Philip Zimmermann's PGP software.
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To ensure the shirt will qualify as a non-exportable munition, the shirt
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even has machine-readable bar-code rendition of the software printed on it.
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To demonstrate the arbitrariness of the arms control regulations, only U.S.
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or Canadian citizens can order the shirt from the U.S. address, but since
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the algorithm is widely available, non-U.S. citizens can order the shirts
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from an address in England.
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Along with the sales pitch ("Now you, too, can become an international arms
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dealer for the price of a T-shirt") come warnings that if a non-U.S.
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citizen sees you wearing the shirt you may be classified as a criminal. (If
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you wear it inside-out, is it a concealed weapon?) If you are arrested, the
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promoters will refund the purchase price of the shirt.
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T-shirts are not the only item that might get you in trouble with the Feds.
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If you wish to have private communications over online services or wireless
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communications, you might have non-exempt encryption software on your
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laptop computer. But if you take that computer on an international flight
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without a temporary export license, you risk arrest as an arms dealer.
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Fortunately, bills have been recently intoduced in Congress to loosen this
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law.
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Cryptographic software is essential to development of commerce in
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information. If the U.S. restrains free development of such software, U.S.
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technology companies will be faced with a state-induced disadvantage.
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The World Trade Center bombers were caught when they tried to recover a
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deposit on the rental van they blew up along with the building. And the
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government has devices that can read the contents of your computer screen
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from outside your office. Given these realities, is it really necessary to
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prohibit discussing higher math with foreigners?
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