Mike Markowitz wrote:
> James Donald wrote:
>> Date: Wed, 04 Jul 2007 09:19:41 +1000
>> From: "James A. Donald" <[EMAIL PROTECTED]>
>> Subject: Re: [FDE] Introductions
>> To: [email protected]
>> Message-ID: <[EMAIL PROTECTED]>
>> Content-Type: text/plain; charset=UTF-8; format=flowed
>>  
>> I was under the impression that the use of ECC was obstructed by
>> multiple extremely broad overlapping patents, each patenting much the
>> same thing, 
> 
> James:
> 
> This is another myth (possibly perpetuated by Certicom).

Thanks, this is the information I needed.

  ISC has had ECC (more
> precisely, ECDH and ECDSA) in its commercial products for more than 10 years
> now. (It's been around so long I can't remember when we first implemented it,
> but it pre-dates by several years the announcement of the Certicom toolkit in
> 1997. And, unlike the situation for RSA, we have not been sued for it yet!)
> 
> We do NIST/NSA Suite B/ANSI/IEEE/IETF-compliant ECC key generation, key 
> wrapping,
> key agreement, and signatures for CMS, TLS, in our CA, etc. -- freely in char 
> p,
> but only with polynomial bases in char 2.
> 
> Whether Certicom's point compression patent would stand up to a challenge is
> questionable -- some feel there's plenty of implicit and explicit prior art --
> but it should be noted that the big boys (Microsoft, et al.) have chosen to 
> avoid
> it... something that's easy to do and still comply with the standards.
> 
> But that and the avoidance of (optimal) normal bases in char 2 are pretty much
> the only things a *software* implementation needs to do to steer clear of the
> patents.
> 
> There are *no* patents I'm aware of that are required to fully comply with the
> above mentioned standards and interoperate with the leading commercial 
> products!
> [Usual caveat: I'm not a lawyer, so my response should be taken /cum granis 
> salis/.]
> 
>> but that if the NSA licenses you, your ass is covered.  
> 
> *Our* NSA license defines a rather specific "field of use;" their license with
> other companies may vary. (It was pretty clear when we negotiated our license 
> that
> they did not have a fixed contracting procedure in place and we weren't the 
> first
> company to go through the process.) For more info, you might start here:
> http://www.nsa.gov/ia/industry/crypto_suite_b.cfm
> 
> As one might expect, Certicom's spin on the deal is somewhat different (and 
> it's
> not at all clear that NSA knows exactly what it paid $25M for):
> http://www.certicom.com/download/aid-501/FAQ-The%20NSA%20ECC%20License%20Agreement.pdf
>  
> 
> 
> Final determination might come down in the courts, but I'm not aware of 
> lawsuits
> yet.
> 
>> But  for non government uses, NSA is presumably not going to license you, and
>>   cutting a deal with patent holders is going to be too arduous for any
>> organization that does not have a menacing team of lawyers in house.
> 
> NSA gives you a license to build, sell, and use products including the IP in
> question -- 26 US and Canadian patents are cited -- in char p with p at least 
> 256
> bits in length to Federal, state, and local government agencies (and to 
> foreign
> governments under certain circumstances) for the protection of classified data
> or national security purposes. (Here I'm summarizing the clearer parts of an 
> MOU
> some of which is vague and subject to various interpretations.)
> 
> However, it's worth keeping in mind that you really only need such a license 
> for
> MQV/ECMQV, and that's easily avoided by substituting (unencumbered) DH/ECDH.
> (Note that all relevant "standards" -- including Suite B -- permit the use of 
> either
> scheme for key agreement.)
> 
>> What is the patent and licensing situation with that product?  Did NSA
>> license you to sell it to anyone?
> 
> For the moment, we only offer our products with ECMQV to DoD agencies wishing 
> to
> use them for "national security" purposes -- you might say we're playing it 
> safe.
> (Not to mention the fact that, outside of DoD, no one has ever asked us for
> MQV! You certainly don't need it to do TLS as you'd have no one to talk to if
> you did. See link below.)
> 
> Bob Jueneman responded:
>> I�m not an attorney, but it may be worth observing that Microsoft includes 
>> ECC 
>> support within Vista, and Sun, Red Hat, and others have announced plans to 
>> support ECC as well.  
> 
> See http://dev.experimentalstuff.com:8082/ for the current situation regarding
> ECC in TLS. (To the best of my knowledge, aside from Certicom, these companies
> do not feel that any ECC license is required.)
> 
>> SPYRUS products are unencumbered with license restrictions, and can be 
>> exported and used worldwide.
> 
> Ditto for (most) commercial ISC products, subject only to BIS export 
> restrictions.
> http://www.infoseccorp.com/products/contents.htm#Export
> 
> -mjm
> 
> 
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