Re: Exporting software doesn't mean exporting (was: Re: lp ?)

["Perry E. Metzger" <perry@piermont.com>]

"Peter D. Junger" writes:
> : Where the hell did you get that idea? [that the ITAR applies to
> : foreigners abroad].
> 
> >From Section 120.17 of the ITAR which provides:
> 
>  _Export_ means:
> 
>  . . . .
> 
>  (4) Disclosing (including oral or visual disclosure) or transfering
>  technical data to a foreign person, whether in the United States or
>  abroad . . . .

That can't possibly be considered under U.S. law to apply to
foreigners talking to foreigners abroad, and if you are really a
lawyer you should know that the mere fact that the law doesn't mention
its jurisdiction doesn't make it unlimited. The statutes of New York
State say that I can be prosecuted for running a red light. No where
at all do they say that the red light must be in New York State, but I
suspect that it would be completely impossible for the NY State
attorney general to get any court, in New York State or elsewhere, to
hear a case that I violated New York law by running a light in
Turkmenistan.

> Go read the section that I quoted again.  Where is there an exception
> for foreign persons who happen to be abroad?  

Do you actually call yourself a lawyer?

You appear to be ignorant of the most basic facts of our legal system
-- knowledge that I, as a complete layman, am completely comfortable
with. I wouldn't pretend to be able to practice law, but even I can
smell utterly insane readings of the regulations.

Perry