PHILIP R. KARN, Jr.                             )
                Plaintiff,                      )
                                                ) Civ. A. No. 95-1812(LBO)
        v.                                      )
                                                ) (Judge Oberdorfer)
and UNITED STATES DEPARTMENT OF                 )
COMMERCE; and WILLIAM A. REINSCH,               )
Undersecretary of Commerce for the Bureau of    )
Export Administration in his official capacity. )
                 Defendants.                    )

                     DECLARATION OF PHILIP R. KARN, JR.

PHILIP R. KARN, JR., declares as follows:

1. I am the plaintiff in the captioned action. I make this declaration in
opposition to the defendants' Second Motion to Dismiss or, in the
Alternative, for Summary Judgment.

2. I am a Senior Staff Engineer at Qualcomm, Inc. of 6455 Lusk Blvd., San
Diego, CA. I have a BS degree in Electrical Engineering from Cornell
University and a MS degree in Electrical Engineering (Computer Engineering)
from Carnegie-Mellon University. My previous employers were Bell Telephone
Laboratories and Bell Communications Research. I have been actively involved
in computer programming since the middle 1970s. My professional interests
include digital radio communications, computer networking, security and

3. I have downloaded and studied the Integrated TIS/DNSSEC source code
available on the Internet from

4. According to this web site, on June 4, 1997 the Bureau of Export
Administration (BXA) classified this software as EAR99 (not subject to the
EAR, since it is publicly available) in Commodity Classification number

5. The Integrated TIS/DNSSEC package approved for export includes the RSAREF
2.0 encryption source code library distributed by RSA Data Security Inc. The
RSAREF source code, like that on the Applied Cryptography disk at issue in
this case, is intended for those wishing to incorporate encryption into
their applications.

6. Using the UNIX "diff" command, I compared the RSAREF 2.0 source code
contained within the DNSSEC package with that from RSA Data Security Inc's
FTP site, The contents are exactly identical.

7. The RSAREF 2.0 directory contained within the Integrated TIS/DNSSEC
package approved for export includes C-language source code files for the US
Data Encryption Standard (DES) and the RSA algorithm, a "public key"
cryptographic function designed for both authentication and confidentiality.

8. The RSAREF 2.0 DES code supports both "single" and "triple" (3DES) modes.
Triple-mode DES is widely believed to provide very strong encryption. The
American National Standards Institute (ANSI) is now standardizing triple DES
for the banking community and other users.

9. C-language source code for the single and triple DES algorithms are also
provided on the Applied Cryptography Source Code disk at issue in this case.
The Applied Cryptography disk does not include code for the RSA algorithm.

10. The DES/3DES code in RSAREF is not identical to the DES/3DES included on
the Applied Cryptography source code disk that is at issue in this case.
However, both describe the exact same algorithm. A computer executing object
code compiled from the RSAREF DES source code can decrypt information that
has been encrypted by a computer executing object code compiled from the DES
source code on the Applied Cryptography disk, and vice versa.

11. It appears that the DES/3DES code in RSAREF was derived from the code in
Applied Cryptography, or both were derived from a common ancestor. Large
sections of code are identical or nearly so (e.g., except for variable name
changes that do not affect the object code produced by compiling the source

12. The changes in the RSAREF version of DES/3DES from the Applied
Cryptography version include "cleaning up" the input-output interfaces;
implementing "cipher block chaining", a popular "mode" for using DES that
the user of the Applied Cryptography version would have to implement
himself; improving security by destroying sensitive data when it is no
longer needed; and an optional "DESX" mode for increased security. For these
reasons, a programmer such as myself would tend to prefer the RSAREF version
rather than the Applied Cryptography version when incorporating encryption
into an application.

13. There are no other meaningful distinctions between the two versions of
DES. There are certainly none that would warrant classifying the Applied
Cryptography version as a controlled Encryption Item while classifying the
RSAREF version as EAR99.

I swear under penalty of perjury that the foregoing is true and complete to
the best of my knowledge and belief.

Philip R. Karn, Jr.