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RE: new mailing list & ITAR
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From: Michael C Taylor (CSD) on Wed, Dec 4, 1996 13:54
On Tue, 3 Dec 1996, Dr.Dimitri Vulis KOTM wrote:
> Meta-question: if someone posts strong crypto source code to the
> moderated mailing list, can the moderator(s) be prosecuted under ITAR?
The moderator would not prosecuted if the moderator & host machine wasn't
located in USA and not a USA citizen and if the post was not from USA.
The poster may be a target if located inside USA or a USA citizen. The
moderator might be prosecuted if the post originated inside USA or went
through USA to be exported outside USA & Canada.
Welcome to the rest of the world.
----
Michael C. Taylor <[email protected]>
Programmer, Mount Allison University
<==========
Wouldn't this be the case only if it was a *moderated* list? If it's
moderated, the list operator becomes a _publisher_ and is responsible for
it's content. If it's *unmoderated*, the list operator is a _distributor_
and therefore not responsible for the content his medium provides. Just
like how a bookstore isn't responsible for the contents of the books; the
publishers/authors are. (Well, public opinion may drive a store out of
town, just like public opinion may kill a listserv...)
My apologies if I'm behind in the times and this decision no longer stands.
PM
#include <standard_disclaimer>
[email protected]
http://www.netforward.com/comports/?Spyjure
Crypto-Anarchy-Security esp. WRT Linux
<It's getting there, anyway... Work's been taking
up too much time to update the site as often as I wish>