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Kicking the Furriners out of our Classrooms
At 6:19 AM 9/23/96, Matthew Gream wrote:
>> 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
>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
Cindy Cohn made the excellent point at the Bernstein hearing that the ITARS
are so vague and overbroad that a professor cannot be sure if his lecture
is violating the law because foreigners are in the audience (a la the
Junger case). As she notes, nearly all college and postgraduate classes are
heavily populated by non-U.S. citizens, and the ITARs specifically make
illegal the propagation of certain items to non-U.S. citizens.
(There is no exemption in the ITARs for university professors teaching
their classes. If foreigners are in the classroom, and cryptographic or
weapons-related knowledge is imparted, an ITAR violation has probably
Personally, I'd relish the opportunity to say to my class:
"Now, the International Trafficking in Arms Regulations, the ITARs, make it
a felony for me to disclose certain methods or techniques to non-U.S.
citizens. Accordingly, in this class, I must insist that all non-U.S.
citizens, or suspected Israelis, ragheads, Papists, or Marxists, illegal
Mexicans, etc., leave the lecture hall immediately. All those remaining
must present at least five forms of identification, dating back at least to
1978. Foreign-looking persons should provide at least seven forms of
identification, including documentation that they are not in the U.S.
illegally. Jew-looking or Jew-sounding names will be subjected to special
scrutiny to ensure that they are not dual-citizens with the ITAR-restricted
"Oh, and since classroom participation counts for 65% of your grade, those
I exclude under the ITAR restrictions had better score 155% on the exams I
let you into the classroom to take, else you'll flunk. Good luck, you
(Cindy Cohn pointed out to the court that their might also be 14th
Amendment problems with enforcement of the ITARs with regard to teaching in
We got computers, we're tapping phone lines, I know that that ain't allowed.
Timothy C. May | Crypto Anarchy: encryption, digital money,
[email protected] 408-728-0152 | anonymous networks, digital pseudonyms, zero
W.A.S.T.E.: Corralitos, CA | knowledge, reputations, information markets,
Higher Power: 2^1,257,787-1 | black markets, collapse of governments.
"National borders aren't even speed bumps on the information superhighway."