Re: Crippled Notes export encryption

[iagoldbe@calum.csclub.uwaterloo.ca (Ian Goldberg)]

In article <9601242357.AA02688@alpha>, Mike McNally <m5@dev.tivoli.com> wrote:
>This sounds fishy to me.  I don't recall reading anything to suggest
>that export of cryptographic software (or any other munition) requires
>that the stuff be *used* outside the US for an offense to be
>committed; why should export of a cryptographer's wetware be any
>different?  Either the expertise leaves the country or it doesn't, I'd
>think.

Here's section 120.17 of ITAR:

@ 120.17 -- Export.

   Export means:

   (1) Sending or taking a defense article out of the United States in any
manner, except by mere travel outside of the United States by a person whose
personal knowledge includes technical data; or

   (2) Transferring registration, control or ownership to a foreign person of
any aircraft, vessel, or satellite covered by the U.S. Munitions List, whether
in the United States or abroad; or

   (3) Disclosing (including oral or visual disclosure) or transferring in the
United States any defense article to an embassy, any agency or subdivision of a
foreign government (e.g., diplomatic missions); or

   (4) Disclosing (including oral or visual disclosure) or transferring
technical data to a foreign person, whether in the United States or abroad; or

   (5) Performing a defense service on behalf of, or for the benefit of, a
foreign person, whether in the United States or abroad.

   (6) A launch vehicle or payload shall not, by reason of the launching of such
vehicle, be considered an export for purposes of this subchapter. However, for
certain limited purposes (see @ 126.1 of this subchapter), the controls of this
subchapter may apply to any sale, transfer or proposal to sell or transfer
defense articles or defense services.


Item (1) allows people to travel abroad if they know crypto.  It's unclear
that it allows them to emigrate or return to their country of origin.
Items (3),(4),(5) seem to prevent such a person from using, or even mentioning,
crypto to or "on behalf of" a foreign person.

(6) is cute.  Launching a missle at Iraq isn't considered export...

   - Ian