[45791] in Cypherpunks
Re: Remote use=export?
daemon@ATHENA.MIT.EDU (Peter D. Junger)
Fri Dec 22 08:32:08 1995
To: Cypherpunks <cypherpunks@toad.com>, Jeff Gehlbach <jeffg@HiWAAY.net>
In-Reply-To: Your message of "Thu, 21 Dec 1995 23:47:56 CST."
<9512220547.AA27294@fly.HiWAAY.net>
Date: Fri, 22 Dec 1995 08:24:05 -0500
From: "Peter D. Junger" <junger@pdj2-ra.F-REMOTE.CWRU.Edu>
Jeff Gehlbach writes:
: -----BEGIN PGP SIGNED MESSAGE-----
:
: I apologize if this is a dead horse, but...
:
: Is granting use of crypto software running in the US to a remote user
: outside the US considered exportation? For example, if allow my friend in
: Paris to use a PGP binary residing and running on my PC in Washington, is
: either of us violating any ITAR or similar restrictions?
Nothing about the ITAR is unambiguous, but since what is forbidden is
``exporting'', which includes ``disclosing to foreign persons'', and
since use is not forbidden, it is hard to see how what you suggest
could violate the ITAR. (And I don't know of any other U.S. law or
regulation that it could violate.)
On the other hand, it may violate French law, which, or so I
understand, does forbid the use of crypto unless the keys are made
available to the French government. But I really don't know anything
about French law.
--
Peter D. Junger--Case Western Reserve University Law School--Cleveland, OH
Internet: junger@pdj2-ra.f-remote.cwru.edu junger@samsara.law.cwru.edu
