Great Circle Associates Firewalls
(November 1995)
 

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Subject: DES export restrictions and ZyXEL
From: Martin Fredriksson <martin @ msp . se>
Date: Fri, 3 Nov 1995 11:03:18 +0100
To: firewalls @ GreatCircle . com

Sorry if this is not directly fw related (it sure does relate to one
fw system at my site...).  This is a copy of a post to comp.security.misc.

Dear Security and (DES) encryption politics and export rules specialists:

Our network group has just begun testing a new ZyXEL ISDN capable modem,
the "ZyXEL Elite 2864I".  According to the local distributor, this modem
supports _data_ encryption using 112 bit DES technology.

We are a Swedish company, and thus subject to the not so very liberal
US export restrictions for cryptographic "stuff"(?).  Or so I thought.

The local distributor for the ZyXEL modem can only forward questions to
ZyXEL corporation.  Thus without having a direct line to the ZyXEL corp.,
I have received following answer to my question about how (if they really)
they can export DES based data encryption.

> Federal Information Processing Standards are issued by the National Bureau 
> of Standards pursuant to the Federal Property and Administrative Services 
> Act of 1949, as amended, Public Law 89-306(79 stat 1127).  Excutive Order 
> 11717 (38 FR 12315, dated May ,1, 1973) and Part 6 of Title 15 Code of 
> Federal Regulations(CFR).
>
> Name of Standard: Data Encryption Standard (DES).
>
> Patents: Crytographic devices implementing this standard may be covered by 
> U.S. and foreign patents issued to the International Business Machines 
> Corporation.  However, IBM has granted nonexclusive, royalty-free licenses 
> under the patents to make, use and sell apparatus which complies with the 
> standard.  The terms, conditions and scope of the licenses are set out in 
> notices published in the May 13, 1975 and August 31, 1976 issue of the 
> Official Gazette of the United State Patent and Trademark Office (934 O. G. 
> 452 and 949 O. G. 1717).
>
> If you need more information about these document above, please check with 
> librarian who will help you a lot.

The local distributor reads this as "well, DES is in the public domain, how
nice".  I read this as ZyXEL answered someone else's question....

I will of course follow this up with the local distributor, and thus with
ZyXEL.  The reason for my posting/mailing this here, is that I feel I need
an external opinion.

My questions now are mainly:

(1)  Is it possible for a large US company to export products using DES
     data encryption?  I mean even if they get a "non-USA DES" can they
     export products including this?

(2)  Is anyone familiar with the modem in question (2864I), and know if
     it really provides DES data encryption?

(3)  Where should I have posted this.

Thanks in advance, for any pointers!,
Martin Fredriksson
Systems Integration and Security
Ericsson Microwave Systems AB,  Molndal,  Sweden


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