[112600] in cryptography@c2.net mail archive
Re: Question on export issues
daemon@ATHENA.MIT.EDU (Sidney Markowitz)
Mon Jan 7 09:49:38 2008
Date: Mon, 07 Jan 2008 08:23:34 +1300
From: Sidney Markowitz <sidney@sidney.com>
To: =?UTF-8?B?SXZhbiBLcnN0acSH?= <krstic@solarsail.hcs.harvard.edu>
CC: Cryptography <cryptography@metzdowd.com>
In-Reply-To: <5A428DE9-FC0A-4A08-9FD6-3DB861E0CF77@solarsail.hcs.harvard.edu>
Ivan Krsti? wrote, On 6/1/08 1:33 PM:
> On Jan 3, 2008, at 10:47 PM, Peter Gutmann wrote:
>> That's because there's nothing much to publish:
>> In the US, notify the BIS via email.
>
> Our outside counsel -- specializing in this area -- thought this was
> insufficient
That's the problem with using lawyers, they'll always give you a conservative cautious
answer. Unfortunately for people who don't use them, sometimes those really are the
correct, prudent answers. When I worked for a company that had to face this we acted
according to what looked like the plain language documentation from the BIS, concluding
that use of an existing open source package required just sending an email. We were never
as high profile as OLPC and in fact never ended up exporting anything, so our
interpretation of the laws was not only not made by qualified legal counsel, it also was
never tested.
I do look forwrd to seeing what you discover were the considerations that your outide
counsel had.
-- sidney
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