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- Newsgroups: sci.crypt
- Path: sparky!uunet!spool.mu.edu!umn.edu!csus.edu!netcom.com!strnlght
- From: strnlght@netcom.com (David Sternlight)
- Subject: Re: Legal Stuff!
- Message-ID: <1992Dec22.015459.21651@netcom.com>
- Organization: Netcom - Online Communication Services (408 241-9760 guest)
- References: <bontchev.724943800@fbihh> <1992Dec21.203115.12176@netcom.com> <a_rubin.724977120@dn66>
- Date: Tue, 22 Dec 1992 01:54:59 GMT
- Lines: 32
-
- In article <a_rubin.724977120@dn66> a_rubin@dsg4.dse.beckman.com (Arthur Rubin) writes:
-
- >(2>) We've gone through this. I haven't tracked the exception to the
- >exception to the exceptions in the regulations, but it is unclear whether
- >"public domain" (meaning essentially, published) crypto software is covered
- >by ITAR.
-
- " It would be useless to continue this given that you seem to be
- making this up as you go along. I've quoted the law that says PKP is
- covered, and if you claim an exception to an exception you have to
- produce it. Since you seem not to know what it says, and the specific
- definition of "public domain" in the exception is critical to the
- discussion I'm at a loss to how to continue. The obligation is on me
- to produce the law backing my assertions and I've done so. The ball
- is now in your court.
-
- >>Next Vesselin claims U.S. users may obtain PGP legally from a number
- >>of U.S. sites, which he lists. He is mistaken. It is on those sites
- >>illegally, for reasons stated just above, and ftping them to other
- >>U.S. sites is just as illegal. It does not matter who did the
- >>importing; possession of illegally imported munitions is illegal.
- >>Maybe in Bulgaria what is physically possible is equivalent to what is
- >>legal, but not in the U.S.
-
- > >See (1>) above re patents.
-
- You seem not to be listening here. The issue of the legality of PGP is
- not a patent one but a Munitions Act one, since the U.S. copies were
- brought in from outside the U.S. without a Munitions Act import
- license, and since PGP includes IDEA, it requires one.
-
- David
-