4 September 1997
Source: Hardcopy from Peter Junger

JUL -3 1997

UNITED STATES DEPARTMENT OF COMMERCE
Bureau of Export Administration
Washington, D.C. 20230

[Seal] D JUL - 4 97

Gino J. Scarselli, Esq.
664 Allison Drive
Richmond Heights, Ohio 44143

Dear Mr. Scarselli:

This is in response to the three commodity classification applications, dated June 12, 1997, that you submitted on behalf of your client, Professor Peter Junger. The classifications of the five items included in Application No. Z082060 are set forth in the attached classification CCATS No. G006704. The classifications of the first two items included in Application No. Z082061 are set forth in the attached classification CCATS No. G006703. The third item in that Application is a request for an advisory opinion, rather than a classification request. The advisory opinion relating to this request is set forth below. Finally, as noted on the attached classification CCATS No. G006702, for reasons stated below, we are unable to provide a classification of the five items that you submitted under Application Z082062.

With respect to item three in Application Z082061, you state that Professor Junger wishes to add an html page that contains hyperlinks to certain encryption programs overseas to other pages that are available on his web server. This request calls for an advisory opinion, rather than a classification. Professor Junger's activity is not an export that is subject to the Export Administration Regulations (EAR). See section 734.2(b) of the EAR.

With regard to the items included in Application No. Z082062, none of the requests seek a classification for a specific software item. The requests seek a classification for any program that implements a certain operation or algorithm, as described by examples provided. Merely providing examples does not provide sufficient technical detail of a specific item to enable classification by the Bureau of Export Administration (BXA). (See section 748.3(b) of the EAR.) BXA cannot provide a classification for a category of software based merely on a description of one function or feature; we need a complete technical description of the particular software to be classified.

If you desire to submit requests for a specific program that incorporates specific operations or algorithms, you may file a classification request for each such program together with the

appropriate documentation, including, but not limited to, the name, functional descriptions, and technical specifications for each specific program for which you seek a classification.

Sincerely,

[Signature]

James A.Lewis
Director
Office of Strategic Trade
And Foreign Policy Controls

Attachments

Hard copy of the following CCATS to be attached to letter:

CCATS No. G006702
CCATS No. G006703
CCATS No. G006704

    [Note: Three identical copies of the front of this form have been combined into
    one with entered data provided as a single block. The reverse side of every sheet
    has the information shown.]

                                UNITED STATES DEPARTMENT OF COMMERCE
                                BUREAU OF EXPORT ADMINISTRATION
                                WASHINGTON, D.C. 20230

         07/04/1997                GINO J SCARSELLI
         CCATS #: GO06704          ATTN: GINO J SCARSELLI
         PAGE NO: 1[-3]            664 ALLISON DRIVE

                                   RICHMOND HTS, OH 44143

    The following information is in response to your inquiry of 06/17/1997 requesting
    licensing information for:

    ------------------------------------------------------------------------------------
                                    Export          License       Country         LVS
                                    Control         Exceptions    Chart           Dollar
                    Item            Classification  Available     Column          Value
                                    Number                        (reason for     Limit
                                    and Paragraph                 control)
    ------------------------------------------------------------------------------------

    1) PGP (VERSION 2.6.3I AND
       2.6.3)                       5DO)2                         NS1 AT1

                                    (C)

    2) FIDDLE IN C                  5D002                         NS1 AT1

                                    (C)

    3) TWIDDLE IN 8086 ASSEMBLY
       LANGUAGE                     EAR99

    4) A VERSION OF THE RSA
       ALGORITHM IMPLEMENTED IN
       PERL.                        5D002                         NS1 AT1

                                    (C)

    5) A VERSION OF THE RC4
       ALGORITHM IMPLEMENTED IN
       C.                           5D002                         NS1 AT1

                                    (C)

    COMMENTS FROM LICENSING OFFICER:

    ITEM #1: PRETTY GOOD PRIVACY (PGP) SOURCE CODE (VERSION 2.6.3I) AND A
             COMPILED VERSION FOR WINDOWS (VERSION 2.6.3) IN ELECTRONIC FORM OR
             MEDIA AS DESCRIBED IN THE NOTES TO PARAGRAPHS (B)(2) AND (B)(3)
             FOLLOWING SECTION 734.3 OF THE EAR.
    ITEM #2: FIDDLE IN C IN ELECTRONIC FORM OR MEDIA AS DESCRIBED IN THE NOTES
             TO PARAGRAPHS (B) (2) AND (B) (3) FOLLOWING SECTION 734.3 OF THE EAR.
    ITEM #3: TWIDDLE IN 8086 ASSEMBLY LANGUAGE IN ELECTRONIC FORM OR MEDIA AS
             DESCRIBED IN THE NOTES TO PARAGRAPHS (B)(2) AND (B)(3) FOLLOWING
             SECTION 734.3 OF THE EAR.   CLASSIFIED FOR EXPORT PURPOSES AS
             EAR99.  ITEMS CLASSIFIED AS EAR99 ARE NOT LISTED ON THE COMMERCE
             CONTROL LIST.  SEE EAR SECTION 734.3(C) FOR AN EXPLANATION OF THE
             TERM "EAR99."   GENERALLY, ITEMS CLASSIFIED AS "EAR99" ONLY REQUIRE
             A LICENSE IF THE EXPORT INVOLVES A PERSON DENIED EXPORT PRIVILEGES,
             PROHIBITED END-USERS OR END-USES, OR AN EMBARGOED DESTINATION.  SEE
             PROHIBITIONS FOUR, FIVE, AND SIX IN EAR SECTION 736.2(B),
             RESPECTIVELY.
    ITEM #4: A VERSION OF THE RSA ALGORITHM IMPLEMENTED IN PERL IN ELECTRONIC
             FORM OR MEDIA AS DESCRIBED IN THE NOTES TO PARAGRAPHS (B)(2) AND
             (B)(3) FOLLOWING SECTION 734.3 OF THE EAR.
    ITEM #5: A VERSION OF THE RC4 ALGORITHM IMPLEMENTED IN C IN ELECTRONIC FORM
             OR MEDIA AS DESCRIBED IN THE NOTES TO PARAGRAPHS (B)(2) AND (B)(3)
             FOLLOWING SECTION 734.3 OF THE EAR.

    ------------------------------------------------------------------------------------

    See the other side of this form for information on determining which countries
    require a license for the above items. For Shipments to these destinations an export
    license is required from the Bureau of Export Administration.

    Items otherwise eligible for export or reexport under a License Exception or NLR (no
    license required) and used in the design, development, production or use of nuclear,
    chemical or biological weapons or missiles require a license for export or reexport
    as provided in part 744 of the Export Administration Regulations (EAR).

                                                        FOR INFORMATION CONCERNING
                                                        THIS CLASSIFICATION CONTACT
                                                        ANTHONY KOO
        TANYA MOTTLEY                                   PHONE #: (202) 482-3206
        DIVISION DIRECTOR                               BXA/STC/NS

    FORM BXA-6002L(REV. 7 96)

    [Reverse side]

    Destinations Requiring a License

    See the Commerce Country Chart (Supplement No. 1 to part 738 of the EAR) to
    determine which countries require a license. Use the Country Chart Column
    information given on the front of this form in conjunction with the Country
    Chart to determine the licensing requirements for Your Particular items.
    For items classified EAR99, see part 746 of the EAR to determine the
    licensing requirements.

    Applications for export must be submitted on Form BXA-748P Mulitpurpose
    Application.  These forms may be obtained by calling (202) 482-3332. Assist-
    ance in filling out the forms, or any aspect of exporting, is provided by the
    Export Counseling Division in Washington, D.C. at (202) 482-4811 or the Western
    Regional Office in Newport Beach California at (714) 660-0144.

    License Exceptions

    Be aware that the licensing requirements for some destinations may be overcome
    by any License Exception for which your items qualify.  See part 740 of EAR
    for information on License Exceptions.  The License Available column on
    the front of this form lists only those License Exceptions of the set GBS,
    CIV, CTP, TSR which are applicable to your items.  Other License Exceptions
    may apply depending upon the circumstances of your intended transaction.

    Export Control Classification Numbering System (ECCN)

    The ECCN numbering system is found in the Commerce Control List (CCL) part 774
    of the EAR.  The CCL is a comprehensive list that identifies all items con-
    trolled and licensed by Commerce.  Within the CCL, entries are identified by
    an ECCN.  Each entry specifies the license requirements for the item and the
    reasons) for control.  Please consult part 738 and 774 of the EAR for
    specific information on ECCNs.

    Shipper's Export Declaration (SED)

    When an export is made, it is necessary for the exporter to show on the
    Shipper's Export Declaration (Form 7525-V) in block 21 either the license
    number, the applicable License Exception symbol or the symbol NLR.  Form 7525-V
    is available from  the Superintendent of Documents, U.S. Government Printing
    Office of Washington, D.C. 2040 , and from Export Administration District
    Offices (U.S. Dept. of Commerce).

D JUL -4 97

CCATS No. G006704

Application No. Z082060

1. Pretty Good Privacy (PGP) source code (version 2.6.3i) and a compiled version for Windows (version 2.6.3) in electronic form or media as described in the Notes to paragraphs (b)(2) and (b)(3) following section 734.3 of the EAR--

> Export Commodity Classification Number (ECCN) 5D002.

2. Fiddle in C in electronic form or media as described in the Notes to paragraphs (b)(2) and (b)(3) following section 734.3 of the EAR--

> Export Commodity Classification Number (ECCN) 5D002.

3. Twiddle in 8086 Assembly Language in electronic form or media as described in the Notes to paragraphs (b)(2) and (b)(3) following section 734.3 of the EAR--

> Classified for export purposes as EAR99. Items classified as EAR99 are not listed on the Commerce Control List. See EAR section 734.3(c) for an explanation of the term "EAR99." Generally, items classified as "EAR99" only require a license if the export involves a person denied export privileges, prohibited end-users or end-uses, or an embargoed destination. See Prohibitions Four, Five, and Six in EAR section 736.2(b), respectively.

4. A version of the RSA algorithm implemented in Perl in electronic form or media as described in the Notes to paragraphs (b)(2) and (b)(3) following section 734.3 of the EAR--

> Export Commodity Classification Number (ECCN) 5D002.

5. A version of the RC4 algorithm implemented in C in electronic form or media as described in the Notes to paragraphs (b)(2) and (b)(3) following section 734.3 of the EAR--

> Export Commodity Classification Number (ECCN) 5D002.

    [Note: As above, entered data from three forms is provided as a single block and the
    reverse sides are same as above.]

                                UNITED STATES DEPARTMENT OF COMMERCE
                                BUREAU OF EXPORT ADMINISTRATION
                                WASHINGTON, D.C. 20230

         07/04/1997                GINO J SCARSELLI
         CCATS #: GO06703          ATTN: GINO J SCARSELLI
         PAGE NO: 1[-3]            664 ALLISON DRIVE

                                   RICHMOND HTS, OH 44143

    The following information is in response to your inquiry of 06/17/1997 requesting
    licensing information for:

    ------------------------------------------------------------------------------------
                                    Export          License       Country         LVS
                                    Control         Exceptions    Chart           Dollar
                    Item            Classification  Available     Column          Value
                                    Number                        (reason for     Limit
                                    and Paragraph                 control)
    ------------------------------------------------------------------------------------

    1) INSTRUCTIONS FOR CREATING
       TWI.COM                      EAR99

    2) CHAPTER ONE OF COMPUTERS
       AND LAW                      EAR99

    3) AN HTML PAGE CONTAINING
       HYPERLINKS TO ENCRYPTION
       PROGRAMS OVERSEAS.           UNABLE

    COMMENTS FROM LICENSING OFFICER:

    ITEM #1: INSTRUCTIONS FOR CREATING TWI.COM IN ELECTRONIC FORM OR MEDIA AS
             DESCRIBED IN THE NOTES TO PARAGRAPHS(B)(2) &(B)(3) FOLLOWING
             SECTION 734.3 OF THE EAR.  THIS ITEM IS NOT ENCRYPTION SOFTWARE
             UNDER ECCN 5D002.  IT IS CLASSIFIED FOR EXPORT PURPOSES AS EAR99.
             IF THIS ITEM IS "PUBLICLY AVAILABLE"WITHIN THE MEANING OF SECTION
             734.3 OF THE EAR, WHETHER OR NOT IN ELECTRONIC MEDIA DESCRIBED IN
             THE NOTES IN PARAGRAPHS(B)(2) AND (B)(3) FOLLOWING SECTION 734.3 OF
             THE EAR, THEN IT IS NOT SUBJECT TO THE EAR.

    ITEM #2: PORTIONS OF CHAPTER ONE TO COMPUTERS AND THE LAW, WRITTEN BY
             PROFESSOR PETER JUNGER IN ELECTRONIC FORM OR MEDIA AS DESCRIBED IN
             THE NOTES TO PARAGRAPHS (B)(2) &(B)(3) FOLLOWING SECTION 734.3 OF
             THE EAR.  AS NOTED WITH RESPECT TO ITEM 3 OF APPLICATION NO.
             Z082060 (CCATS NO. G006704), TWIDDLE IN 8086 ASSEMBLY LANGUAGE IS
             CLASSIFIED AS EAR99.  FOR THE NON-SOFTWARE PART OF THE CHAPTER, IF
             THIS ITEM DOES NOT MEET THE DEFINITION OF "TECHNOLOGY" UNDER THE
             EAR (E.G., DISCUSSION OF EXPORT POLICY AND THE JUNGER LAWSUIT), OR
             IF IT IS "PUBLICLY AVAILABLE" WITHIN THE MEANING OF SECTION 734.3
             OF THE EAR  WHETHER OR NOT IN ELECTRONIC FORM OR MEDIA AS DESCRIBED
             IN THE NOTES TO PARAGRAPHS (B)(2) AND (B)(3) FOLLOWING SECTION
             734.3 OF THE EAR, THEN IT IS NOT SUBJECT TO THE EAR.

    ITEM #3: AN HTML PAGE CONTAINING HYPERLINKS TO ENCRYPTION PROGRAMS OVERSEAS
             IN ELECTRONIC FORM OR MEDIA AS DESCRIBED IN THE NOTES TO
             PARAGRAPHS(B)(2) AND(B)(3) FOLLOWING SECTION 734.3 OF THE EAR.

             THIS IS A REQUEST FOR AN ADVISORY OPINION.  SEE COVER LETTER FOR
             RESPONSE.

    ------------------------------------------------------------------------------------

    See the other side of this form for information on determining which countries
    require a license for the above items. For Shipments to these destinations an export
    license is required from the Bureau of Export Administration.

    Items otherwise eligible for export or reexport under a License Exception or NLR (no
    license required) and used in the design, development, production or use of nuclear,
    chemical or biological weapons or missiles require a license for export or reexport
    as provided in part 744 of the Export Administration Regulations (EAR).

                                                        FOR INFORMATION CONCERNING
                                                        THIS CLASSIFICATION CONTACT
                                                        ANTHONY KOO
        TANYA MOTTLEY                                   PHONE #: (202) 482-3206
        DIVISION DIRECTOR                               BXA/STC/NS

    FORM BXA-6002L(REV. 7 96)

    [Reverse sides omitted]

D JUL -4 97

CCATS No. G006703

Application No. Z082061

1. Instructions for creating TWI.COM in electronic form o'r media as described in the Notes to paragraphs (b)(2) and (b)(3) following section 734.3 of the EAR.

> This item is not encryption software under ECCN 5D002. It is classified for export purposes as EAR99. If this item is "publicly available" within the meaning of section 734.3 of the EAR, whether or not in electronic media described in the Notes in paragraphs (b)(2) and (b)(3) following section 734.3 of the EAR, then it is not subject to the EAR.

2. Portions of Chapter One to Computers and the Law, written by Professor Peter Junger in electronic form or media as described in the Notes to paragraphs (b)(2) and (b)(3) following section 734.3 of the EAR.

> As noted with respect to item 3 of Application No. Z082060 (CCATS No. G006704), Twiddle in 8086 Assembly Language is classified as EAR99. For the non-software part of the chapter, if this item does not meet the definition of "technology" under the EAR (e.g., discussion of export policy and the Junger lawsuit), or if it is "publicly available" within the meaning of section 734.3 of the EAR, whether or not in electronic form or media as described in the Notes to paragraphs (b)(2) and (b)(3) following section 734.3 of the EAR, then it is not subject to the EAR.

3. An HTML page containing hyperlinks to encryption programs overseas in electronic form or media as described in the Notes to paragraphs (b)(2) and (b)(3) following section 734.3 of the EAR.

> This is a request for an advisory opinion. See cover letter for response.

    [Note: As above, entered data from two forms is provided as a single block and the
    reverse sides are same as above.]

                                UNITED STATES DEPARTMENT OF COMMERCE
                                BUREAU OF EXPORT ADMINISTRATION
                                WASHINGTON, D.C. 20230

         07/04/1997                GINO J SCARSELLI
         CCATS #: GO06702          ATTN: GINO J SCARSELLI
         PAGE NO: 1[-2]            664 ALLISON DRIVE

                                   RICHMOND HTS, OH 44143

    The following information is in response to your inquiry of 06/17/1997 requesting
    licensing information for:

    ------------------------------------------------------------------------------------
                                    Export          License       Country         LVS
                                    Control         Exceptions    Chart           Dollar
                    Item            Classification  Available     Column          Value
                                    Number                        (reason for     Limit
                                    and Paragraph                 control)
    ------------------------------------------------------------------------------------

    1) ENCRYPTION PROGRAMS THAT
       PERFORM THE XOR OPERATION
       ON EACH BYTE OF A FILE
       WITH A KEY CONSISTING OF A
       SINGLE BYTE                  UNABLE

    2) PROGRAMS THAT XOR THE
       CONTENTS OF A FILE WITH
       THE CONTENTS OF A ONE-TIME
       PAD.                         UNABLE

    3) PROGRAMS THAT IMPLEMENT
       THE ROT13 ALGORITHM.         UNABLE

    4) PROGRAMS THAT IMPLEMENT
       THE RC2 ALGORITHM            UNABLE

    5) PROGRAMS THAT IMPLEMENT
       THE RSA ALGORITHM            UNABLE

    COMMENTS FROM LICENSING OFFICER:

    ITEM #5: SEE COVER LETTER FOR INFORMATION THE BUREAU OF EXPORT
             ADMINISTRATION NEEDS IN ORDER TO PROVIDE CLASSIFICATIONS.

    ------------------------------------------------------------------------------------

    See the other side of this form for information on determining which countries
    require a license for the above items. For Shipments to these destinations an export
    license is required from the Bureau of Export Administration.

    Items otherwise eligible for export or reexport under a License Exception or NLR (no
    license required) and used in the design, development, production or use of nuclear,
    chemical or biological weapons or missiles require a license for export or reexport
    as provided in part 744 of the Export Administration Regulations (EAR).

                                                        FOR INFORMATION CONCERNING
                                                        THIS CLASSIFICATION CONTACT
                                                        ANTHONY KOO
        TANYA MOTTLEY                                   PHONE #: (202) 482-3206
        DIVISION DIRECTOR                               BXA/STC/NS

    FORM BXA-6002L(REV. 7 96)

    [Reverse sides omitted]

D JUL -4 97

CCATS No. G006702

Application No. Z082062

1. Encryption programs that perform the XOR operation in each byte of a file with a key consisting of a single byte.

> ECCN: Unable to classify.

2. Programs that XOR the contents of a file with the contents of a one-time pad.

> ECCN: Unable to classify.

3. Programs that implement the ROT13 algorithm.

> ECCN: Unable to classify.

4. Programs that implement the RC2 algorithm.

> ECCN: Unable to classify.

5. Programs that implement the RSA algorithm.

> ECCN: Unable to classify.

See cover letter for information the Bureau of Export Administration needs in order to provide classifications.

[End BXA July 3 1997 Letter and attachments]