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1994-09-12
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Date: Tue, 19 Apr 1994 14:33:32 -0700
From: Phil Karn <karn@unix.ka9q.ampr.org>
Message-Id: <199404192133.OAA15391@unix.ka9q.ampr.org>
Subject: state dept ping
I faxed this to the State Dept earlier today. Still no response. --Phil
7341 Teasdale Ave
San Diego, CA 92122
April 18, 1994
619-587-8281 (voice)
619-587-1825 (fax)
karn@unix.ka9q.ampr.org (Internet)
Office of Defense Trade Controls
US Department of State
703-875-6647 (fax)
Re: CJ Case 0081-94, "Applied Cryptography Source Code Disk"
Sirs:
I filed this request with your office on March 10, 1994, under the
15-business-day expedited CJ request rule for mass-market cryptographic
software.
It has now been almost twice that long and I have not yet received a
response. I have spoken with your staff by telephone several times in
the past few weeks. Each time have been told that a response is
imminent, yet it has not yet appeared.
You have already ruled that the cryptographic software in question is
outside your licensing jurisdiction since the book in which it is
printed is in the public domain (Ref CJ Case 0038-94). The only
difference in this case is the recording medium: a floppy disk instead
of printed pages.
I would have thought this an unimportant distinction that did not merit
a second CJ request; after all, typing skills are hardly unique to
Americans and Canadians. However, your ruling in Case 0038-94 explicitly
excluded source code diskettes; hence my second request.
I am anxious to obtain a ruling in this case. Although I believe I have
already made the facts clear, I stand ready to provide any further
information that may assist you.
Sincerely,
Phil Karn