Thanks to Cindy Cohn and Lee Tien we offer BXA's four-page
response to Bernstein's request for clarification of the new
encryption export regulations, February 18, 2000:
http://cryptome.org/bxa-bernstein.htm
Excerpts, by James Lewis, BXA:
You ask for an advisory opinion in light of your concern that
the new regulations "continue to interfere with Professor
Bernstein's planned scientific activities." Your concerns are
unfounded. I have sought to answer the general concerns
you have asked (as they relate to Professor Bernstein) and
to provide guidance which will allow Professor Bernstein to
proceed with his activities.
Your letter also contained a number of comments regarding
constitutionality of the government's encryption export regulations.
Because the constitutionality of the regulations is the subject of
litigation by your client and other persons, and because your
constitutional arguments are outside the scope of this advisory
opinion, I will only note that we believe our regulations have
always been constitutional.
You ask in your letter that BXA make the response available to
the public. It is not our normal practice to make advisory opinions
public. Professor Bernstein is free to do so. In light of the changes
in licensing and review requirements for publicly available source
code, the new regulations do not interfere with his planned
activities as you have described them.
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