[448] in Commercialization & Privatization of the Internet
TCP/IP and US Export Laws
daemon@ATHENA.MIT.EDU (HORN@HYDRA%sdi.polaroid.com)
Tue Mar 26 09:58:07 1991
Date: Tue, 26 Mar 91 08:56 EST
From: HORN@HYDRA%sdi.polaroid.com
To: com-priv@psi.com
X-Envelope-To: com-priv@psi.COM
X-Vms-To: SDI::INGATE::"com-priv@psi.com"
US export control laws are repeatedly the subject of misunderstandings on the
net. They divide the world into three categories:
1) Things that need no export license - export these without worries
2) Things that need an export license - get a license, then export
3) Things that need an export license that will not get granted - apply for a
license and it will be denied.
The laws cover both physical things (machine guns, bombs, etc.) and
instructions on how to make things (machine guns, bombs, etc.). Software may
fall into either category.
The real problem arises in that it is extremely difficult to get a blanket
export license. You really need to show that the thing being exported falls
into category 1). Given that you are dealing with bureaucrats who tend to
think about things like machine guns, this becomes very hard for borderline
cases. Bureaucrats prefer to take the safe decision of saying NO. After all,
it shouldn't be that hard to get individual licenses for each person or group
to whom you plan to send this thing. :-( That effectively rules out anything
resembling anonymous ftp. In most cases it really is simple to get a license,
but the terms and paperwork involved in licensing each one get to be
overwhelming.
This problem is exacerbated by the need to put so much into category 2). Pick
any technology you want. If there is any bad guy in the world (pick the Hitler
or Stalin of your choice) that you want to avoid giving this technology, it
goes in category 2). Depending upon the political winds of the moment, this
can lead to some pretty ridiculous restrictions.
BTW Just because the software involved was written outside the US don't assume
that voids the need for a license. People have gone to jail for exporting
Czech made machine guns without a license. Having software written outside the
US *does* greatly improve your chances of persuading the bureaucrats that this
software should fall into category 1), on the grounds that restricting exports
is pointless because the software is readily available already.
Rob Horn, horn%hydra@polaroid.com
