[41403] in Cypherpunks

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Who is liable under ITAR (was Re: Anguilla Cypherpunks Meeting)

daemon@ATHENA.MIT.EDU (Peter D. Junger)
Fri Oct 13 12:30:18 1995

Errors-To: cpadmin@toad.com
To: Cypherpunks <cypherpunks@toad.com>,
        Michael Froomkin <froomkin@law.miami.edu>
In-Reply-To: Your message of "Fri, 13 Oct 1995 10:30:10 EDT."
             <Pine.SUN.3.91.951013102909.29537B-100000@viper.law.miami.edu> 
Date: Fri, 13 Oct 1995 11:58:45 -0400
From: "Peter D. Junger" <junger@pdj2-ra.F-REMOTE.CWRU.Edu>

Michael Froomkin writes:

: On Thu, 12 Oct 1995, Vincent Cate wrote:
: [..] 
: 
: > If while you are outside the USA you want to write some software that uses
: > encryption and sell it worldwide, let me know.  I could put you up while
: > you wrote it and my company could sell it for share of the selling price. 
: > Let me know what you are thinking of and how long you think it would take. 
: 
: Of course if you are a US person (citizen or green card holder) this is 
: just as much a violation of the ITAR than if you did it from inside the US...

And of course if you are not a US person this is just as much a
violation of the ITAR as if you were a US person.  The ITAR does not
exempt foreign persons from its requirements, though it does make them
ineligible to get a license permitting them to disclose their software
to other foreigners (or even to themselves).

--
Peter D. Junger--Case Western Reserve University Law School--Cleveland, OH
Internet:  junger@pdj2-ra.f-remote.cwru.edu    junger@samsara.law.cwru.edu

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