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- Path: sparky!uunet!olivea!spool.mu.edu!umn.edu!csus.edu!netcom.com!strnlght
- From: strnlght@netcom.com (David Sternlight)
- Newsgroups: sci.crypt
- Subject: Re: PKP/RSA comments on PGP legality
- Message-ID: <1992Dec19.000207.15616@netcom.com>
- Date: 19 Dec 92 00:02:07 GMT
- References: <1992Dec15.110814.27222@netcom.com> <a_rubin.724442396@dn66> <1992Dec18.230642.9747@netcom.com>
- Organization: Netcom - Online Communication Services (408 241-9760 guest)
- Lines: 27
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-
- In order to stop the silly discussion about "technical data",
- is source code o.k., etc., by some here who are making it up
- as they go along, here are some facts:
-
- "(c) Disclosures. Unless otherwise expressly exempted in this
- subchapter, a license is required for the oral, visual, or documentary
- disclosure of technical data... A license is required regardless
- of the manner in which the technical data is transmitted (e.g., in
- person, by telephone, correspondence, electronic means, telex, etc.)."
-
- What is "export?" Section 120.10, "Export," begins:
-
- "'Export' means, for purposes of this subchapter: ...(c) Sending or
- taking technical data outside of the United States in any manner
- except that by mere travel outside of the United States by a person
- whose technical knowledge includes technical data; or..."
-
- Is pgp subject to the ITAR? See Part 121, the Munitions List, in
- particular Category XIII, of which paragraph (b) reads, in part,
- "...privacy devices, cryptographic devices and software (encoding and
- decoding), and components specifically designed or modified
- therefore,..."
-
- A further definition in 121.8, paragraph (f) reads: "Software
- includes but is not limited to the system functional design,
- logic flow, algorithms, application programs, ..."
-