Hi Rafal 
(and Libtech)

> I'm a bit surprised. Is there a specific case where a license has been 
> denied, or were services are no longer offered because of export restrictions?

Thanks for the question. Some of these issues are articulated in the petition 
text, and James Ball writing in the Washington Post on the 16th wrote this much 
more clearly than I can:

http://www.washingtonpost.com/world/national-security/sanctions-aimed-at-syria-and-iran-are-hindering-opposition-activists-say/2012/08/14/c4c88998-e569-11e1-936a-b801f1abab19_story.html

To answer your question, here are two of things you can't get right now in 
Syria:

Targeted Advertising Blocked
Problem:  Inability to do targeted advertising for users registered in Syrian 
space. E.g. purchasing PSAs on security issues on Facebook. This makes it 
difficult to do effective messaging on key issues,  or for other groups 
providing information to direct, say, social media users to their content.  
Current Ad-hoc Solutions:  Information provided in higher-cost, more 
labor-intensive ways (e.g. trainings to small groups, other kinds of messaging 
that hit much smaller, informal pools of people etc).

Mobile Apple App Store, Google Play both blocked
Problem:  Lack of access means inability to securely and straightforwardly 
access a full range of tools in app stores, including mobile security tools, 
connectivity solutions (e.g. VPNs) as well as news and information. Bypassing 
these requires jailbreaking phones.

User Quote on Mobile in Conflict: " if an iphone user wants to stream a protest 
or shelling he needs to jailbreak his phone or find a proxy that they can use 
to download the app or jailbreak the iphone...then i send him a cracked copy of 
the apps...[then] he then needs to upload it onto the phone then he is able to 
use the vpn or streaming app"

Current Ad-hoc Solutions:  Unwieldy work arounds. Doesn't work for everyone, 
phones must be made more vulnerable by being jailbroken.

There are many other issues, including access to Sourceforge, auto-updates for 
Java, Windows Activation and so on. As the petition frames it, the complexity 
of this issue stems from the roles played both by sanctions and export 
licensure, and by companies own reluctance to undertake the legal determination 
of whether their products are legal (e.g. under General License #5). 

The end result is that Syrians don't have access to important tools.  Both 
government and private sector actors / tool developers have an imperative to 
address this, we think.  On the government end, we think that encouraging 
better guidance and clarity and review of licensure for Syria is a natural 
step, and a stronger signal to the private sector. Recent efforts to review and 
ease sanctions on Iran are a good model to start with.


> Anyway, I'm interested what prompted this petition as our organization is 
> about to embark on ramping up of a large-scale activity focused on Syria and 
> digital safety.

Good luck! 

Very best,

John


> 
> Many thanks
> 
> Rafal
> 
> Sent from my PsiPhone
> 
> On 2012-08-21, at 2:18 AM, John Scott-Railton <[email protected]> 
> wrote:
> 
>> Hi All,
>> 
>> You're likely aware of US export restrictions intended to limit the Assad 
>> Regime's access to monitoring and filtering gear.  But there is another side 
>> of this coin: unintended and negative effects on Syrians' access to personal 
>> communications and security technologies. This inadvertently compliments the 
>> regime's own filtering efforts.
>> 
>>  A few hours ago, an online petition*  started circulating, requesting that 
>> the Departments of Commerce and Treasury review and  streamline export 
>> licensure, guidance and review to address the problem.  The petition is 
>> hosted by Change.org, and led by Dlshad Othman, a Syrian opposition IT 
>> expert.
>> 
>> Please consider signing, and spreading the petition link: 
>> www.change.org/syria
>> 
>> I've written a  quick summary.
>> 
>> TL;DR for Libtech:
>> 
>> -Some key software and online services, including security tools, aren't 
>> making their way to Syrians. 
>> - Even if the tools are exempted under the letter of the law
>> -Syrian digital activists don't understand why this is happening, given 
>> official statements from the US that say these tools should be available.  
>> - Last week, the Washington Post laid out the problem: Washington Post 
>> Article
>> -Sanctions are complicated, and the process of licensure is quite long.  It 
>> can be resource consuming, even for big players.
>> -Penalties for violations are severe
>> -Companies' risk-averse compliance regimes are partly responsible for why 
>> many tools currently legal under the letter of current law, or whose 
>> legality could be quickly determined, have not been made available to 
>> Syrians.
>> -Companies will benefit from clearer signals and guidance from Departments 
>> of Commerce and Treasury 
>> -A new general license is needed: it should give clearer and more explicit 
>> exemptions on personal communications and security technologi balancing 
>> legitimate concerns over cryptography and financial transactions with the 
>> need to protect the safety of at-risk populations
>> - For specific licenses, a more streamlined process also needs to be 
>> implemented, giving clearer formal and informal guidance to companies, and a 
>> faster case-by-case licensing mechanism for companies and NGOs 
>> 
>> 
>> * (full disclosure, I'm involved) 
>> 
>> 
>> 
>> Best,
>> 
>> John Scott-Railton
>> 
>> 
>> 
>> John Scott-Railton
>> www.johnscottrailton.com
>> 
>> PGP key ID: 0x3e0ccb80778fe8d7
>> Fingerprint: FDBE BE29 A157 9881 34C7  8FA6 3E0C CB80 778F E8D7
>> 
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