Legal Question in Technology Law in Florida

CryptAPI Usage

I am planning to use some of the capabilities in Microsoft's CryptAPI - which is distributed as part of Windows XP and Vista - to provide some data encryption capabilities in one of my products.

I will NOT be distributing the API as part of the product shipment. If hte API is not found it simply will not work.

Q. Does such usage require me to submit the product to any kind of ''vetting'' before it is exported?

Similarly, I am planning to use cryptography capabilities built ino a PHP installation on a web server hosted in the US and operated by a n American company to provide some online data encryption.

Q. Ditto

Put it another way - is it reasonable to assume that the usage of a freely available API to perform data encryption means that the responsibility for its legal usage devolves on the provider of the API rather than on my company?


Asked on 9/12/08, 11:12 pm

2 Answers from Attorneys
Brent Rose The Orsini & Rose Law Firm

Re: CryptAPI Usage

I'm not sure I understand your questions. Microsoft provides no warranties for any of the APIs you may distibute as part of your software. If the software fails, the liability is yours. You may want to consider a liability disclaimer.

The simplest solution would be for your software to check for the CryptAPI on the server before it runs (I'm presuming a Windows server here, obviously), and install it if it doesn't. I'm not a PHP expert (I'm more of a Microsoft guy), but I'm sure it's not too difficult.

As far as the CryptAPI itself, it's a pretty solid API, but, as I've said, it's up to you to make it work in your software. Test early, test often.

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Answered on 9/13/08, 3:09 pm
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: CryptAPI Usage

This is a question that requires a knowledge of operating systems, export controls, and product and software licensing. I would seriously encourage you not to move forward until you have found an attorney with expertise in these areas to assist you. Nothing that I know of requires you to submit the product for vetting, however, it will likely improve your sales potential if you do this. All that said, you should get a lawyer from Cupertino or somewhere else in Silicon Valley to advise you on the other issues.

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Answered on 9/15/08, 9:42 am


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