Ray Dillinger wrote:
>
> On Sat, 2 Sep 2000, Steven Furlong wrote:
>
> >Gary Jeffers wrote:
> >> I was aware that posting binary/executables of crypt code from the
> >> U.S. was illegal. Is source posting of crypt from U.S. illegal too?
>
> >That issue is highly contentious. The summary is: encryption is
> >considered a munition, and therefore subject to regulation. The Bureau
> >of Export Administration (BXA) makes these regulations based on
> >guidelines from the Administration, and courts interpret them. Posting
> >binaries or source on a web page is considered to be export.
>
> There was a time and not so long ago when it was regulated under
> ITAR (for arms trafficking) and people exporting crypto stuff
> had to have arms dealer's licenses and get the people they were
> exporting it *to* to fill out endless forms and pay stiff fees.
> The US has backed away from that rather extreme position, though,
> and crypto is now regulated by the board of trade.
Right, I forgot to mention ITAR. (Hey, it's Saturday morning, and I
got up early to do, eccch, chores.)
> I wasn't aware that it was still considered a munition; as I
> understood it the current state of the law is that it is legal to
> post source for open-source stuff, but you have to first go through
> (and pay for) a "technical review" process with the NSA or the FBI.
I think it's still classified as a munition, but if not it's a
distinction without a difference. Since you still have to get Big
Brother's approval, it doesn't matter what they call it.
My main concern, in case it wasn't clear, is with free software and
the ability to post the source for strong encryption. Many free
software operations have effectively no budget, and can't pay the
export tax. Even worse, when the source is freely available, anyone
can modify it and post his changes. The current regulations, as I
understand them, are unclear as to how many reviews, and fees, let's
not forget the fees, would be required for three variants of the same
package published by three groups.
--
Steve Furlong, Computer Condottiere Have GNU, will travel
518-374-4720 [EMAIL PROTECTED]
