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Re: Why doesn't Sun release the crypto module of the OpenSPARC?

daemon@ATHENA.MIT.EDU (Thierry Moreau)
Thu Jun 12 16:38:15 2008

Date: Thu, 12 Jun 2008 15:36:24 -0500
From: Thierry Moreau <thierry.moreau@connotech.com>
To: Richard Salz <rsalz@us.ibm.com>
CC:  cryptography@metzdowd.com
In-Reply-To: <OFEF5119C3.64B25C51-ON85257466.00615F71-85257466.0061D70F@us.ibm.com>



Richard Salz wrote:

> I would expect hardware designs to be treated more like hardware than 
> software.
> 

That's an interesting observation, raising the issue of what is "speech" 
  vs hardware.

When I looked into this issue, I found the "Common Criteria" 
certification methodology as evidence that "speech" covers everything 
from the most high level abstract design description to the most 
concrete representation of the hardware that you would look at, e.g. for 
security certification assurance that electronic gates are properly 
positioned by the Computer-Aided-Design tools. Hence, any information is 
"speech", and if it's in the public domain, I would expect an export 
control exception would apply. Only the actual silicon, and non 
human-readable dies for the silicon, would be hardware.

Otherwise, I see no legal base to locate a cut-off point between 
"speech" and hardware in the process of design refinements leading to 
the actual processor.

Regards,

-- 

- Thierry Moreau

CONNOTECH Experts-conseils inc.
9130 Place de Montgolfier
Montreal, Qc
Canada   H2M 2A1

Tel.: (514)385-5691
Fax:  (514)385-5900

web site: http://www.connotech.com
e-mail: thierry.moreau@connotech.com

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