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.COM

> 2. 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

### Instructions for TWI.COM

    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

### Links to Cryptographic Software

[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]