Re: FreeSWAN & US export controls

2002-01-10 Thread Sandy Harris

John Gilmore wrote:
> 
> Anonymous said:
> > The major problem that holds back the development of FreeS/WAN is
> > with its management.  [Management that cares more about sitting on
> > its pulpit, than getting useful software into the hands of people.]
> > Unless things have changed recently, they still won't accept
> > contributions from the US.  This makes no sense.  GPG is shipping
> > with every Linux distribution I know of, and the German's take
> > contributions from the US.
> 
> (From the pulpit:)
> 
> Once we kick John Asscroft's unconstitutional ash outta town, bush
> George Bust along with more than a thousand other innocents, and
> eliminate the spectre of Judd Gregg and other retrograde stalinists
> 're-regulating' US crypto, then we'll think about polluting the
> precious bodily fluids of worldwide freeware privacy protection with
> the stench of US crypto policy. ...

Beyond doubt it is important to keep FreeS/WAN free, specifically to
continue development in ways that keep it clear of US regulations. I
think that means not taking US contributions to the code. 

Various Americans have made important contributions by testing, reporting
bugs, joining design discussions and so on, just not code.

To me, the interesting question is what can we do to get FreeS/WAN
more widely distributed, without giving up that freedom.

FreeS/WAN is already included in several Linux distributions not produced
in the US. SuSE, Mandrake, Conectiva, ...
For a list, see:
http://www.freeswan.org/freeswan_trees/freeswan-1.94/doc/intro.html#products

However, RedHat does not include it. The issue doesn't seem to be just that
they don't ship crypto. Checking the RPMs on RedHat 7.2, I find GnuPG, 
OpenSSH, OpenSSL, CIPE, ... but not FreeS/WAN.

So should we just suggest that everyone buy distributions that do include
FreeS/WAN?

Or is there something we should be doing to get RedHat, and Debian, and
other US-based distributions to include it?




Re: FreeSWAN & US export controls

2002-01-10 Thread John Gilmore

> Or is there something we should be doing to get RedHat, and Debian, and
> other US-based distributions to include it?

Absolutely.  It's already pretty secure.  We should just make it
trivial to install, automatic, transparent, self-configuring,
painless to administer, and free of serious bugs.  Then they'll have
every reason to drop it in.

John




Re: CDR: Re: FreeSWAN & US export controls

2001-12-12 Thread F. Marc de Piolenc



Jim Choate wrote:
> 
> On Wed, 12 Dec 2001, Declan McCullagh wrote:
> 
> > Sigh. Choate on court decisions is like Ashcroft on civil liberties.
> > Neither understands them.
> 
> Ad hominim, ad hominim, ad nausium.

Gee - don't you think that if you're going to use hifalutin terms like

"ad hominem" and "ad nauseam," you ought to learn how they're spelled?

Not knowing how they are spelled sorta makes people think you might not
know what they mean...

Marc de Piolenc




Re: CDR: Re: FreeSWAN & US export controls

2001-12-12 Thread Jim Choate


On Wed, 12 Dec 2001, F. Marc de Piolenc wrote:

> Gee - don't you think that if you're going to use hifalutin terms like
> 
> "ad hominem" and "ad nauseam," you ought to learn how they're spelled?
> 
> Not knowing how they are spelled sorta makes people think you might not
> know what they mean...

If your only bitch is spelling then the argument must be pretty sound.

(Oh yeah, bitching about the spelling instead of the argument is an ad
hominim as well)


 --


 Day by day the Penguins are making me lose my mind.

 Bumper Sticker

   The Armadillo Group   ,::;::-.  James Choate
   Austin, Tx   /:'/ ``::>/|/  [EMAIL PROTECTED]
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   -~~mm-'`-```-mm --'-






Re: FreeSWAN & US export controls

2001-12-12 Thread Arnold G. Reinhold

You make a good argument for dropping the non_U.S. only restriction. 
The risk may be worth the benefits of kernel integration.  That could 
result in wider corporate use of IPSec to fight real security threats 
and make it much more difficult, politically, to suppress.

My point was just that one cannot rely on the U.S. courts striking 
down any future crypto regulations. They should and I hope they 
would, but it not a sure thing. The most recent ruling is not 
favorable. I also wouldn't underestimate the U.S. government's 
ability to stifle crypto development if they choose to do so and get 
a green light from the courts.  Note today's Warez crackdown.

Maybe there is some compromise possible where a core crypto library 
is kept free of U.S. contributions?

Arnold Reinhold


At 10:27 AM -0800 12/11/01, Dima Holodovich wrote:
>On Tuesday 11 December 2001 06:29 am, Arnold G. Reinhold wrote:
>>
>> Having a body of open source crypto software that is not entangled by
>> any U.S. input is not a foolish idea.
>
>Not when the body of software is critical for Linux and the
>widespread use of IPSec.  If you want widespread adoption
>of IPSec in Linux, it needs to be in Linus' kernel.  In order
>for this to happen, it is necessary for Linus and other people
>physically located in the United States need to be able to
>to contribute.  Once Freeswan is in Linus' kernel, it will
>receive greater contribution and testing from both *inside*
>AND *outside* the United States.
>
>IMO:  The current Freeswan policy *encourages* law makers to
>change the laws.  Many companies have an invested interest
>in Linux.  Those companies are willing to spend lots of
>money on lawyers to protect Linux.  If IPSec is not part of
>Linux and is not in widespread Linux use, those companies
>will not have the need to defend us.  We'll have kept crypto
>out of the hands of the people all on our own -- without
>the government's help.
>
>Do you really think that great programs like GNU Privacy
>Guard are going to magically disappear if the US government
>changes their regulations?  Can they magically be erased
>from the net, just because some US contributions were
>made?
>
>- Dima
>
>
>
>-
>The Cryptography Mailing List
>Unsubscribe by sending "unsubscribe cryptography" to 
>[EMAIL PROTECTED]




Re: CDR: Re: FreeSWAN & US export controls

2001-12-12 Thread F. Marc de Piolenc



Jim Choate wrote:
> 
> On Wed, 12 Dec 2001, Declan McCullagh wrote:
> 
> > Sigh. Choate on court decisions is like Ashcroft on civil liberties.
> > Neither understands them.
> 
> Ad hominim, ad hominim, ad nausium.

Gee - don't you think that if you're going to use hifalutin terms like

"ad hominem" and "ad nauseam," you ought to learn how they're spelled?

Not knowing how they are spelled sorta makes people think you might not
know what they mean...

Marc de Piolenc




Re: FreeSWAN & US export controls

2001-12-11 Thread Arnold G. Reinhold

At 12:18 AM -0600 12/11/01, Jim Choate wrote:
>On Mon, 10 Dec 2001, John Gilmore wrote:
>
>> NSA's export controls.  We overturned them by a pretty thin margin.
>> The government managed to maneuver such that no binding precedents
>> were set: if they unilaterally change the regulations tomorrow to
>> block the export of public domain crypto, they wouldn't be violating
>> any court orders or any judicial decisions.  I.e. they are not BOUND
>> by the policy change.
>
>That's not accurate. There have been several court rulings finding source
>code and such protected by the 1st. This would provide a lever that was
>not there previously.
>

In the most recent ruling, Universal v. Remerdez/Eric Corley 2600.com 
(00-9185), http://cryptome.org/mpaa-v-2600-cad.htm , the US Court of 
Appeals for the Second Circuit declined to overturn an injunction 
against the posting of DeCSS on the Internet. The Court held that 
software was speech, but did not enjoy the level of First Amendment 
protection accorded to pure speech because it is functional with 
little human intervention. This is a very disturbing precedent which 
I hope will be reversed on appeal, but given the post-9/11 mood and 
the limited technological understanding of most judges, I wouldn't 
count on it. Also I believe the U.S. Supreme Court has upheld export 
controls in the past, the First Amendment notwithstanding.

Having a body of open source crypto software that is not entangled by 
any U.S. input is not a foolish idea.  Surely there are good 
programers outside the U.S. who understand the importance of making 
FreeSWAN work seamlessly with Linux.


Arnold Reinhold




Re: FreeSWAN & US export controls

2001-12-10 Thread Jim Choate


On Mon, 10 Dec 2001, John Gilmore wrote:

> NSA's export controls.  We overturned them by a pretty thin margin.
> The government managed to maneuver such that no binding precedents
> were set: if they unilaterally change the regulations tomorrow to
> block the export of public domain crypto, they wouldn't be violating
> any court orders or any judicial decisions.  I.e. they are not BOUND
> by the policy change.

That's not accurate. There have been several court rulings finding source
code and such protected by the 1st. This would provide a lever that was
not there previously.


 --


 Day by day the Penguins are making me lose my mind.

 Bumper Sticker

   The Armadillo Group   ,::;::-.  James Choate
   Austin, Tx   /:'/ ``::>/|/  [EMAIL PROTECTED]
   www.ssz.com.',  `/( e\  512-451-7087
   -~~mm-'`-```-mm --'-






Re: FreeSWAN & US export controls

2001-12-10 Thread John Gilmore

Anonymous said:
> The major problem that holds back the development of FreeS/WAN is
> with its management.  [Management that cares more about sitting on
> its pulpit, than getting useful software into the hands of people.]
> Unless things have changed recently, they still won't accept
> contributions from the US.  This makes no sense.  GPG is shipping
> with every Linux distribution I know of, and the German's take
> contributions from the US.

(From the pulpit:)

Once we kick John Asscroft's unconstitutional ash outta town, bush
George Bust along with more than a thousand other innocents, and
eliminate the spectre of Judd Gregg and other retrograde stalinists
're-regulating' US crypto, then we'll think about polluting the
precious bodily fluids of worldwide freeware privacy protection with
the stench of US crypto policy.  It probably won't happen for a few months.

Or hadn't you noticed that the US government is not in much of a mood
to follow the constitution or to tolerate dissent or privacy among the
sleepy sheeplike citizens?  They're doing their best to stamp that
radical stuff out right here in the USSA, let alone let it cross the
border into parts of the world that they don't have firmly under their
thumb.  Less than 100% support for every paranoid and senseless twitch
of the current Administration is a demonstration not not only of
treason but of active support for terrorism, which everyone knows is a
terrible thing except when the US or Israel or Great Britain does it.
Anybody reading this mailing list is already gonna be first up against
the wall once the joy of arresting immigrant movers as 'terrorists'
fades, and spying on 'domestic political groups' become fair game.
Your packets are already in the lint screen on that big, big vacuum
cleaner.  And our new policy of maximum sentences for trivial
'crimes', like forgetting to file some form, reduces the expense and
bother of actually trying suspects for the crimes that the agencies
suspect them of.  Of course you can confront your accusers!  Did you or
did you not jaywalk across Route 1 last July, Mr. May?

> The primary kernel developers have been willing to integrate crypto
> into the kernel since the crypto regs were lowered.  It's the policy
> of no US contributions that's holding back Linux IPSEC.

The reason I started the IPSEC-for-Linux project those many years ago
was because Linux kernel releases used to be built in free countries,
unlike the releases of most other operating systems.  Now they aren't.
Oops.

Perhaps mr. or ms. 'anonymous' and the primary kernel developers
didn't spend seven years making a principled tilt at the windmill of
NSA's export controls.  We overturned them by a pretty thin margin.
The government managed to maneuver such that no binding precedents
were set: if they unilaterally change the regulations tomorrow to
block the export of public domain crypto, they wouldn't be violating
any court orders or any judicial decisions.  I.e. they are not BOUND
by the policy change.  They changed it "voluntarily", in order to
sneak out of the court cases by the back door.  Even today it is
sometimes said that once Dan Bernstein ends his court case (which
still continues today), the NSA is ready, willing, and able to slap
the controls right back on.  And it would take months or years in
court -- and lots more volunteer citizen money spent for freedom,
while the bastards spend tax money to lock us up -- to get the
controls removed again.  If the judges haven't changed their minds in
the meantime.

(You may have noticed that last month, the Second Circuit Court of
Appeals accpted Judge Kaplan's half-lies-half-truth judgment 3-0 in
the 2600 case appeal: Yes, absolutely, software is First Amendment
protected speech.  But no, somehow the First Amendment really doesn't
mean what it means elsewhere; of *course* they can regulate the
publication of software on flimsy grounds.  Like that sometime later,
somebody somewhere might potentially be somewhat hurt by something
somebody else does with the software, if we don't eliminate that
option by restricting the publication of that software now.  Suppose
the next crypto export court case happens in NY rather than CA?  EFF
would be proud to defend John Young and Perry Metzger, but all its
lawyers might be in prison, charged by John Asscroft with "aiding
terrorists by eroding our national unity and diminishing our
resolve".)

> IMHO: If Freeswan had never been created, an alternate, more mature
> implementation would already exist in the mainline Linux kernel.

Make my day.

John Gilmore

PS: Of course, the only software worth wasting your time on comes from
those macho dudes of the U.S. of A.  Those furriners don't even know
how to speek the lingua proper, let alone write solid buggy code like
Microsoft.  High crypto math is all Greek to them.  It's just lucky
for Linus that he moved to the US, otherwise we'd all know his furrin
software was crap too, even tho he tricked us by clon