[52076] in Cypherpunks
Re: Crypto Exposure
daemon@ATHENA.MIT.EDU (Peter D. Junger)
Wed Mar 13 09:23:05 1996
To: Cypherpunks <cypherpunks@toad.com>
In-Reply-To: Your message of "Tue, 12 Mar 1996 23:37:44 PST."
<199603130737.XAA22803@ix15.ix.netcom.com>
Date: Wed, 13 Mar 1996 09:19:06 -0500
From: "Peter D. Junger" <junger@pdj2-ra.F-REMOTE.CWRU.Edu>
Bill Stewart writes:
: >- What if the foreigner actually write crypto code while in
: >the US? Does he (or the Uni/ISP) violate export restrictions each
: >time he access the source code or execute his program if they are
: >stored on a public (Uni/ISP) machine?
:
: The foreigner isn't a US person, so he doesn't violate the
: law by reading the code himself. If the Uni or ISP knows
: that it's providing encryption software to the foreigner,
: it may be liable, but without scienter it's tough to have guilt.
: Probably the foreigner should not keep encryption software on
: University or ISP machines - floppy disks should do just fine :-)
If the foreigner doesn't have a green card he is a foreign person and
allowing himself to read his own code would be disclosing that code to
a foreign person and that is a felony unless he first gets a license
which he can't get because he is a foreign person or a favorable
commodity jurisdiction determination which he can't get without first
reading his code and sending a copy of it to the Office of Defense
Trade Controls.
--
Peter D. Junger--Case Western Reserve University Law School--Cleveland, OH
Internet: junger@pdj2-ra.f-remote.cwru.edu junger@samsara.law.cwru.edu
