IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
Statement of facts in Dispute
PHILIP R. KARN, Jr. )
) Civ. A. No. 95-1812(CRR)
) (Judge Charles R. Richey)
U.S. DEPARTMENT OF STATE, and )
THOMAS E. MCNAMARA, )
) ORAL ARGUMENT REQUESTED
PLAINTIFF'S STATEMENT OF MATERIAL FACTS GENUINELY IN DISPUTE
Pursuant to Local Rule 108(h) the plaintiff submits this Statement
of Material Facts Genuinely in Dispute:
- Whether there is any material difference in functionality
between the sources codes printed in Part Five of the book, Applied
Cryptography, and the source codes contained on the diskette
at issue. The plaintiff claims there is no material difference.
Declaration of Philip R. Karn, Jr., ¶ 13. The defendants
claim there is a material difference.
- Whether export of the diskette would pose any threat to our
national security. The plaintiff claims that no such threat is
possible since each of the source codes on the diskette is already
widely available in foreign countries in either printed or electronic
format. Declaration of Philip R. Karn, Jr., ¶ 18. The defendants
contend, without supporting evidence, that export of the diskette
would harm national security.
- Whether the National Security Agency can decrypt information
encrypted by the encryption algorithms on the diskette. The plaintiff
contends that at least as to the Enigma and FEAL-8 algorithms,
NSA can decrypt information encrypted by those algorithms. Declaration
of Philip R. Karn, Jr., ¶ 16. The defendants, we believe,
will decline to admit or deny these facts in this litigation,
despite the fact NSA has publicly stated that it broke the Enigma
code during World War II.
Of Counsel Kenneth C. Bass, III
Teresa Dondlinger Trissell Thomas J. Cooper
Venable, Baetjer, Howard &
1201 New York Avenue, N.W.
Washington, D.C. 20005
Counsel for Plaintiff
Date: December 11, 1995