[139327] in cryptography@c2.net mail archive
Re: Lifting Some Restrictions on Encryption Exports
daemon@ATHENA.MIT.EDU (Allen)
Sat Dec 6 08:07:30 2008
Date: Sat, 06 Dec 2008 03:51:24 -0800
From: Allen <netsecurity@sound-by-design.com>
To: "Ali, Saqib" <docbook.xml@gmail.com>
CC: Cryptography <cryptography@metzdowd.com>
In-Reply-To: <addede3b0812041522q275ed29anb6b2a0c5edcc19ab@mail.gmail.com>
Hi gang,
Actually that notice is out of date. There is a new one dated
October 3, 2008 (73 FR 57495) and it can be seen at:
http://www.bis.doc.gov/encryption/default.htm
The part of this that is of particular interest is the following:
> § 740.17(b)(2) ENC “Restricted”
> Review required with 30 day wait
>
> * Applies to 5A002, 5B002, and 5D002
>
> * Products authorized under (b)(2) include:
> o network infrastructure products
> o source code that is not “publicly available”
> o certain specialized commodities and software
So open source bypasses the requirement for export control on
cryptography, which is classified as 5D002.
You also might want to consult:
http://www.access.gpo.gov/bis/ear/pdf/ccl5-pt2.pdf
which goes into some details, especially on page 5, second
column, were reference is made to:
> Note: Encryption software is controlled
> because of its functional capacity, and not
> because of any informational value of such
> software; such software is not accorded the same
> treatment under the EAR as other “software”; and
> for export licensing purposes, encryption software
> is treated under the EAR in the same manner as a
> commodity included in ECCN 5A002.
>
> Note: Encryption software controlled for “EI”
> reasons under this entry remains subject to the
> EAR even when made publicly available in
> accordance with part 734 of the EAR. See
> §740.13(e) of the EAR for information on
> releasing certain source code (and corresponding
> object code) which would be considered publicly
> available from “EI” controls.
Allen
Ali, Saqib wrote:
> Does anyone have more info on the following:
> http://snurl.com/75m3f
>
> I couldn't find any other article that talked about it. The pay per
> news is the only item I found.
>
> ---------------------------------------------------------------------
> The Cryptography Mailing List
> Unsubscribe by sending "unsubscribe cryptography" to majordomo@metzdowd.com
>
---------------------------------------------------------------------
The Cryptography Mailing List
Unsubscribe by sending "unsubscribe cryptography" to majordomo@metzdowd.com
