On Wed, Sep 29, 1999 at 07:41:34PM -0700, I wrote:
> At 04:49 AM 9/29/99 , Donald Ramsbottom wrote:
> >What really intrigues me is the end of your post  relating to the
> >distinction between object code and source code. So if I understand you
> >correctly, you will still require the old style regime and restrictions on
> >source code. If so does that not mean that there is effectively no
> >liberalisation?
> 
> [...]
> Specifically of interest are general question #18, which indicates that 
> technical assistance, APIs, and source code will continue to be controlled 
> under the old regime; technical question #7, illustrating a new detailed 
> approach to API regulation; and technical question #8, reiterating that 
> only object code will be subject to the new policies.

It appears that this may no longer be correct. John Young has made
available on his website a document
<http://cryptome.org/bernstein-mot.htm> filed by the US Government with
respect to the en banc rehearing of the Ninth Circuit's decision in the
_Bernstein_ case. In short, the US Government is asking the court to
postpone oral argument in the case until the US Government has revealed
the new regulations, promised for release on December 15 1999.

As the filing states -

"It is possible that the revised regulations will not materially change
the treatment of source code. But it is also possible that the revised
regulations will alter the treatment of source code in ways that could
have a bearing on the constitutional issues before this Court.[1]"

where footnote 1 says that the BXA's question and answer document "does
not reflect the review that is taking place."

Thus, reliance on that document may no longer be appropriate. BXA's
website does not reflect that change in status. 

--
Greg Broiles
[EMAIL PROTECTED]

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