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- Xref: sparky sci.crypt:6615 alt.security.ripem:86
- Newsgroups: sci.crypt,alt.security.ripem
- Path: sparky!uunet!cs.utexas.edu!convex!hamrick
- From: hamrick@convex.com (Ed Hamrick)
- Subject: Complete ITAR Available
- Message-ID: <1993Jan10.215609.3109@convex.com>
- Summary: Public Domain Encryption Software Freely Exportable
- Sender: usenet@convex.com (news access account)
- Nntp-Posting-Host: convex1.convex.com
- Organization: CONVEX Computer Corporation, Richardson, Tx., USA
- Date: Sun, 10 Jan 1993 21:56:09 GMT
- X-Disclaimer: This message was written by a user at CONVEX Computer
- Corp. The opinions expressed are those of the user and
- not necessarily those of CONVEX.
- Lines: 94
-
- I just got hold of what I think is the latest ITAR from the Federal
- Record, in electronic form (Compu$erve really is useful). If anybody
- would like a copy of the whole thing, please send me e-mail and I'll send
- you a copy (it's 225 KBytes).
-
- I've extracted verbatim what I think provides convincing evidence that
- public domain software is not subject to the export controls of these
- regulations. This extract is attached at the end of this e-mail.
-
- My premise is based on:
-
- 1) The definition of public domain includes software
- available via anonymous ftp in the U.S., under
- the provisions of 120.19. If you really want to quibble
- you might argue that anonymous ftp doesn't fit the definition
- of a library in 120.19 (4). You could also quibble that
- anonymous ftp is like an "exhibition", "generally accessible
- to the public", 120.19 (6). You'd have a hard time getting
- reasonable people (and lawyers <smile>) to assert that
- public domain software available via anonymous ftp doesn't fit
- the definition of 120.19.
-
- 2) Technical Data encompasses software. see 120.23 (c)
-
- 3) Department of State export controls on Technical Data do not
- apply to Technical Data in the public domain. see 125.1, 125.2.
-
- It seems crystal clear to me that no software available via anonymous ftp
- is subject to the provisions of of the Defense Trade Regulations, formerly
- the International Traffic in Arms Regulations (ITAR).
-
- Regards,
- Ed Hamrick
-
- --------------------------------------------------------------------------
-
- Extracts from "Defense Trade Regulations" from Federal Record, March 26, 1992
-
- (formerly International Traffic in Arms Regulations, or ITAR)
-
- Sec. 120.19 *Public* domain.
-
- *Public* domain means information which is published and which is
- generally accessible or available to the *public*:
-
- (1) Through sales at newsstands and bookstores;
-
- (2) Through subscriptions which are available without restriction to
- any individual who desires to obtain or purchase the published information;
-
- (3) Through second class mailing privileges granted by the U.S.
- Government;
- (4) At libraries open to the *public* or from which the *public* can
- obtain documents;
-
- (5) Through patents available at any patent office;
-
- (6) Through unlimited distribution at a conference, meeting, seminar,
- trade show or exhibition, generally accessible to the *public*, in the
- United States;
-
- (7) Through *public* release (i.e., unlimited distribution) in any form
- (e.g., not necessarily in published form) after approval by the cognizant
- U.S. government department or agency (see also Sec. 125.4(b)(13)).
-
- Sec. 120.23 Technical data.
-
- Technical data means, for purposes of this subchapter:
-
- (c) *Software* as defined in Sec. 121.8(f) directly related to defense
- articles;
-
- Sec. 125.1 Exports subject to this part.
-
- (a) The export controls of this part apply to the export of technical
- data and the export of classified defense articles. Information which is in
- the ''*public* domain'' (see Secs. 120.19 and 125.4(b)(13)) is not subject
- to the controls of this subchapter.
-
- Sec. 125.2 Exports of unclassified technical data.
-
- (a) General. A license (DSP-5) issued by the Office of Defense Trade
- Controls is required for the export (and return to the U.S. if applicable)
- of unclassified technical data unless the export is exempt from the
- licensing requirements of this subchapter. If the unclassified technical
- data is related to a classified defense article, any classified technical
- data or defense articles that may subsequently be required to be exported
- must be described, along with the address and telephone number of the U.S.
- Government office that classified the information. In the case of a plant
- visit, details of the proposed discussions must be transmitted to the
- Office of Defense Trade Controls for an appraisal of the technical data.
- Seven copies of the technical data or the details of the discussions must
- be provided. Only one copy must be provided if a renewal of the license is
- requested.
-