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

June 12, 1997

Tom Barbour, Esq.
Office of General Counsel
Department of commerce
Bureau of Export Administration
13th & Constitution Ave., NW Room 3839
Washington DC 20230

> re: Classification Requests, Junger v. Albright, Case No. 96 CV 1723 (N.D. Ohio)

Dear Mr. Barbour:

1 spoke with Mr. Anthony Coppolino last Friday, and he recommended that I send you our classification requests.

Enclosed are three separate applications for classification requests under § 748.3 of the Export Administration Regulations. Attached to each application are an explanatory letter and attachments containing additional information on specific items. Please forward all of the enclosed information to the appropriate person(s) at the BXA.

As I believe you know, we are presently in litigation with the Commerce Department over the export controls on encryption software and technology. We submit these applications only in the interest of furthering litigation and reserve all of our rights to challenge the controls, including our right to challenge to any form of prepublication review.

If you have any questions, please feel free to contact me at the above number.

Sincerely,

[Signature]

Gino J. Scarselli
Attorney for Peter Junger

cc: Peter D. Junger
Kevin Francis O'Neill, Esq.
Ray Vasvari, Esq.

Enc.

Gino J. Scarselli, Esq.
664 Allison Drive
Richmond Hts., Ohio 44143
gscarsel@mail.multiverse.com
Tel.Fax 216-291-8601

re: APPLICATION NO. 082060

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 082060.

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 encryption programs:

> 1. PGP (versions 2.6.3i and 2.6.3)

> 2. fiddle in C

> 3. Twiddle in 8086 Assembly Language

> 4. A version of the RSA algorithm implemented in Perl

> 5. A version of the RC4 algorithm implemented in C

We submit these requests to confirm that the above items are subject to the EAR as "Encryption software'' classified under ECCN 5D002, 15 C.F.R. Part 774.

We seek a classification for each item in "electronic form or media" as described in the Notes to paragraphs (b)(2) and (b)(3) following § 734.3 of the EAR. We have included, along with this application, a DOS-formatted disk containing items (2), (4) and (5) and printed copies of items (2) - (5) in case you cannot read the disk.

What follows is additional information on the items.

Item 1

Item I consists of the Pretty Good Privacy (PGP) source code (version 2.6.3i) and a compiled version for Windows (denoted as version 2.6.3).

A compressed file of the source code can be downloaded from

> <ftp://ftp.ifi.uio.no/pub/pgp/src/pgp263is.zip>.

A compressed file of the compiled source code for Windows can be download~ed from

> <ftp://ftp.ifi.uio.no/pub/pgp/pe/msdos/pgp263a.zip>.

Note on Box 22(i) "Manufacturer" (Author): The original PGP ver. 1.0 was written by Phil Zimmermann. PGP 2.6.3i was put together by Stale Schumacher <stale@hypnotech.com> and others. All questions regarding PGP 2.6.3i should be addressed to <pgp-bugs@ifi.uio.no>. The Windows compiled version, PGP 2.6.3, was compiled by Preston Wilson.

Item 2

Item 2 consists of the "fiddle" program written by Peter Junger in C. A printed copy of the source code for fiddle.c (version 0.1 ) and the source code for the RC2 and RC4 routines that will be implemented in the final version of the program is found in Attachment A. A copy in electronic form is on the diskette marked "082060" file name "fiddle.c."

Item 3

Item 3 consists of the "twiddle" program written hy Peter Junger in MASM 8086 Assembly Language for the DOS operating system. A printed copy of the source code is found in Attachment B.

Item 4

Item 4 consists of an encryption program in Perl implementing the RSA algorithm. A printed copy of the Perl code is found in Attachment C. A copy in electronic form is on the diskette marked "082060'' file name "RSA."

Further information about this encryption program and the instructions for using may be obtained from <http://www.dcs.ex.ac.uk/~aba/rsa/>.

Note on Box 22(i) "Manufacturer" (Author): The RSA algorithm was designed by Ron Rivest, Adi Shamir and Leonard Adleman. This RSA perl program was written by Adam Back <aba@dcs.ex.ac.uk>.

Item 5

Item 5 consists of an encryption program in C implementing the RC4 algorithm. A printed copy of the code is found in Attachment D. The program and related files in electronic form is on the diskette marked "082060" directory name "rc4.tar."

Note on Box 22(i) 'Manufacturer'' (Author): The RC4 algorithm was designed by Ron Rivest for RSA Data Security, Inc. We are not sure who wrote this RC4 C program.

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

- 2 -

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

    [Two-page form]
    FORM BXA-748P

    MULTIPURPOSE APPLICATION

    APPLICATION CONTROL NUMBER
    This is NOT and export license number
    Z 082060

    1. CONTACT PERSON Gino J. Scarselli

    2. TELEPHONE 216-291-8601

    3. FACSIMILE 216-291-8601

    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

    [Snip blanks 22.(b) to 22.(h)]

    22.(i) MANUFACTURER see letter

    22.(j) TECHNICAL DESCRIPTION The source code and a compiled versions
                                 (for windows) of the encryption program
                                 "Pretty Good Privacy" (PGP)
    ---------------------------------------------------------------------
    [Snip blank 23.]

    24. ADDITIONAL INFORMATION See accompanying letter

    [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 082060

    ---------------------------------------------------------------------
    22.(a) ECCN 5D002

    22.(i) MANUFACTURER Peter Junger

    22.(j) TECHNICAL DESCRIPTION The source code (in C) of the "Fiddle"
                                 encryption program. See accompanying
                                 letter and Attachment A. See also
                                 diskette "082060" /file "fiddle.c"

    ---------------------------------------------------------------------
    22.(a) ECCN 5D002

    22.(i) MANUFACTURER see letter

    22.(j) TECHNICAL DESCRIPTION The source code (in 8086 Assembly
                                 Language) of the "Twiddle" encryption
                                 program. See accompanying letter and
                                 Attachment B.

    ---------------------------------------------------------------------
    22.(a) ECCN 5D002

    22.(i) MANUFACTURER see letter

    22.(j) TECHNICAL DESCRIPTION An encryption program in perl implementing
                                 the RSA algorithm. See accompanying
                                 letter and Attachment C. See also
                                 diskette "082060" /file "rsa"

    ---------------------------------------------------------------------
    22.(a) ECCN 5D002

    22.(i) MANUFACTURER see letter

    22.(j) TECHNICAL DESCRIPTION An encryption program in C implementing
                                 the RC4 algorithm. See accompanying
                                 letter and Attachment D. See also
                                 diskette "082060" /directory "rc4.tar"

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

    [Snip blank balance]

ATTACHMENT A
APPLICATION NO. 082060

[None provided]

ATTACHMENT B
APPLICATION NO. 082060

[Three-page excerpt of Computers and the Law]

1.1.3.2.2 Here Is the Source Code. Here is the source code for my little encryption program. It is written in 8086 assembly language and is intended to be assembled with the MASM assembler.

    name TWID
    page 55,132
    title TWID

    [Balance of 3-page TWID code omitted; see http://jya.com/pdj003b.htm]

[No Attachments C and D or diskettes provided]

[End Scarselli letter to Tom Barbour June 12, 1997]