5 January 1999

    From: "Brian Gladman" <gladman@seven77.demon.co.uk>
    To: "UK Crypto List" <ukcrypto@maillist.ox.ac.uk>
    Subject: The Publication of Cryptographic Source Code
    Date: Tue, 5 Jan 1999 22:36:43 -0000

    Open Letter to the DTI
    -----------------------------

    The UK government proposals to control 'intangible exports'
    leave a question mark over the future legality of cryptographic
    source code published via the World Wide Web.

    A number of members of the ukcrypto mailing list (including
    both Ross Anderson and myself) have Web pages which provide
    cryptographic source code. It is possible that Web pages such
    as these might become illegal if intangible export controls are
    introduced in the UK.

    In my own case I have been contributing to the US Advanced
    Encryption Standard (AES) effort being run by the US National
    Institute of Standards and Technology to replace DES.  In
    particular I have a page at:

        http://www.seven77.demon.co.uk/aes.htm

    which provides full source code for DES and for all fifteen
    AES candidate encryption algorithms.  Since US originated AES
    source code is export controlled, my source code has been
    widely downloaded and used by other researchers as a basis for
    their own AES comparisons.  I believe this effort has made a
    worthwhile contribution to the AES effort and one that has
    been widely appreciated.  This would not have been possible
    without the personal and academic freedom we currently enjoy
    in the UK to conduct and publish such research.

    There is a lack of clarity in respect of the possible impact
    of the proposed controls on intangible exports in respect of
    such Web published cryptographic research.  It is important
    that there is clarity here and I therefore request that the
    DTI provide a clear statement on the impact of future
    legislation on intangible exports in respect of such
    activities.

    My question is hence a simple one:

    Will the Web Page referenced above become illegal under any
    future government legislation on, or related to, the control
    of cryptography or intangible exports?

    I would be most grateful if Nigel or John could secure a
    definitive answer on this from their Department.

    If this government is going to turn me into a criminal I
    really would like to know before it actually happens!

                Brian Gladman (gladman@seven77.demon.co.uk)