IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Statement of facts in Dispute 
________________________________________
					)
PHILIP R. KARN, Jr.			)
					)
		Plaintiff,		)
					)	Civ. A. No. 95-1812(CRR)
	v.				)
					)	(Judge Charles R. Richey)
U.S. DEPARTMENT OF STATE, and		)
THOMAS E. MCNAMARA,			)
					)	ORAL ARGUMENT REQUESTED
		 Defendants.		)
					)
________________________________________)

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:

  1. 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.

  2. 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.

  3. 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. 
					Respectfully submitted,

Of Counsel				Kenneth C. Bass, III
 Teresa Dondlinger Trissell		Thomas J. Cooper
					Venable, Baetjer, Howard &
					Civiletti, LLP
					1201 New York Avenue, N.W.
					Suite 1100
					Washington, D.C. 20005
					(202) 962-4890


					Counsel for Plaintiff

Date:  December 11, 1995