Re: "PGP Granted Worldwide Export License"

[Vin McLellan <vin@shore.net>]

        Vin McLellan  <vin@shore.net> wrote:

>>         Although I don't know for sure (and there is no one available on Xmas
>> Eve to ask;-), I presume that there is a confidentiality clause in BXA
>> license agreements that would forbid publication of the permit itself or the
>> release of any internal government report on the code review required to
>> obtain it.

        David Wagner <daw@cs.berkeley.edu> challenged that:

>Substantiation, please.
>I don't believe there is any such requirement -- I believe applicants are
>free to publicize their export permit, if they like.

        David is correct, so far as the legal obligations goes. 

         According to my better-informed associates, the Export
Administration (BXA)  is prohibited from publicly discussing, disclosing, or
commenting upon the specifics of any export licenses that have been issued
-- but there is no contract or condition in the license grant that would
prohibit the recipient of a BXA export license from posting that export
license on the Net for all to see.  

        From a business standpoint, however, they suggest that there are
very good reasons why this information is not routinely published.  

        First, any vendors will wish to maximize whatever market advantage
their new export license gives them over their competition.  

       (This is the flip side of the fact that current export regs are still
vague, full of arbitrary exceptions, and generally subject to subjective
evaluations.  

        (If one product makes it through the maze, for whatever reason,
other similar products will be pushed harder -- because everyone recognizes
that the final judgement is, within broad categories, ultimately arbitrary.)

        Two, virtually all export licenses contain some conditional language
or restrictions that would preclude certain end-users.  

        Detailing those restrictions may not complement a vendor's
international marketing efforts.  Why highlight limitations that might
disappear by the time a prospective sale is a real possibility?

        Suerte,

                        _Vin