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- Newsgroups: sci.crypt
- Subject: Re: PKP/RSA comments on PGP legality
- Message-ID: <a_rubin.724616108@dn66>
- From: a_rubin@dsg4.dse.beckman.com (Arthur Rubin)
- Date: 17 Dec 92 18:15:08 GMT
- References: <MOORE.92Dec16131218@defmacro.cs.utah.edu>
- <1992Dec17.002347.19216@netcom.com> <MOORE.92Dec16192825@defmacro.cs.utah.edu> <1992Dec17.031421.15578@qualcomm.com>
- Organization: Beckman Instruments, Inc.
- Nntp-Posting-Host: dn66.dse.beckman.com
- Lines: 36
-
- In <1992Dec17.031421.15578@qualcomm.com> karn@servo.qualcomm.com (Phil Karn) writes:
-
- >A part of the ITARs not quoted by PKP exempts from control any
- >"technical data" that is in the public domain, with "public domain"
- >having a broader meaning than the same term as used in copyright law.
- >Here it refers to anything that is freely and widely available to the
- >public in libraries, magazines, books, etc, as opposed to proprietary
- >information available only under non-disclosure agreement. So
- >"technical data" published in, say, Aviation Week can be exported
- >anywhere in the world, regardless of what it relates to. It also means
- >that you can export articles and books describing DES or RSA.
-
- >Now the question arises, is software "technical data" that would be
- >subject to the public domain exemption? Some have claimed it is, which
- >would make any public domain crypto code freely exportable (even as a
- >proprietary implementation of the same algorithms would require an
- >export license). But other legal interpretations of the ITARs claim
- >that software is a "defense article", not "technical data", and the
- >public domain exemptions apply only to the latter. By this theory you
- >can't export even a widely available public domain encryption package.
-
- Does anyone (the law, the regulations, a court case?) define "software" to
- specifically include source code? If not, one could make a good case that
- well-documented source code more closely resembles "technical data" than
- "software". (Even if so, as you point out later, the law/regulations are
- absurd, but, if not, there is no need to go further...the law doesn't apply
- to the source code of a cryptographic program.)
-
- For that matter, have there been any court cases related to ITAR and
- software.
-
- --
- Arthur L. Rubin: a_rubin@dsg4.dse.beckman.com (work) Beckman Instruments/Brea
- 216-5888@mcimail.com 70707.453@compuserve.com arthur@pnet01.cts.com (personal)
- My opinions are my own, and do not represent those of my employer.
- My interaction with our news system is unstable; please mail anything important.
-