Re: (Fwd) Australian "ITAR" regulations

[pgut001@cs.auckland.ac.nz]

>>An anonymous opinion from inside the Defence Dept holds that electronic
>>bits on a wire do not constitute goods, and as a result if you ship
>>electronically, you are not subject to the regulations.  If you ship a
>>CD or floppy or other physical media containing software, you violate the
>>regulations.
>
>Watch out for those anonymous opinions; I received exactly the opposite
>opinion when I spoke to the Defence Signals Directorate about the issue
>(back in 1994) -- after specifically asking about a few hypothetical
>cases. Of course, either opinion may be correct, which is the real
>problem!
 
If the DSD is anything like our GCSB then what they'll have told you is what 
they'd like to be the case, not what's really the case.  They will tell you 
what it pleases them to tell you, which doesn't necessarily have anything to 
do with the facts.  The easiest way to check the real situation is to look at 
your customs act, the NZ Customs Act of 1995 (which in the relevant area is 
almost identical to the 1966 one) covers forms of export in excruciating 
detail.  Doesn't mention anything about computer networks in there.  In 
practice it'd have to be decided in the courts, but I don't think the DSD will 
take action because there's a very good chance they'd get a ruling against 
them, which is also why the NSA is so reluctant to enforce the ITAR in court.
 
Peter.