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Re: Personal use exception to ITAR/EAR

daemon@ATHENA.MIT.EDU (Steven Bellovin)
Mon Jan 6 15:05:55 1997

To: Greg Broiles <gbroiles@netbox.com>
cc: cryptography@c2.net
Date: Mon, 06 Jan 1997 12:12:33 -0500
From: Steven Bellovin <smb@research.att.com>

	 Someone wrote to the Cypherpunks list in the last day or so (I seem to
	 have
	 mislaid the message) asking what happened to the ITAR's personal use
	 exemption. The introductory comments to the new 12/30/96 regs indicate
	 that:
	 
	 "License Exceptions TMP and BAG effectively replace the Department of
	 State's personal use exemption." (Federal Register, p. 68575)
	 
	 License exception TMP is described at 15 CFR 740.4, and BAG is describ
	ed at
	 15 CFR 740.9, both of which are available via John Young's helpful
	 hypertext version of the EARs at <http://jya.com/740.htm>. 

I haven't waded through TMP yet -- it's arcane, to say the least -- but
BAG (which is in 740.14 now, at least on jya's page) looks to be useless
for many of us.  Section (c)(1) notes that the software must be ``owned
by the individuals'' -- which presumably excludes things like corporate-owned
cryptographic software.

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