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- Newsgroups: sci.crypt
- Path: sparky!uunet!walter!qualcom.qualcomm.com!servo.qualcomm.com!karn
- From: karn@servo.qualcomm.com (Phil Karn)
- Subject: Re: Complete ITAR Available
- Message-ID: <1993Jan11.204120.6473@qualcomm.com>
- Sender: news@qualcomm.com
- Nntp-Posting-Host: servo.qualcomm.com
- Reply-To: karn@chicago.qualcomm.com
- Organization: Qualcomm, Inc
- References: <1993Jan10.215609.3109@convex.com> <1993Jan11.003432.15501@netcom.com> <8587@charon.cwi.nl> <1993Jan11.172610.1281@netcom.com>
- Date: Mon, 11 Jan 1993 20:41:20 GMT
- Lines: 51
-
- I note that what I received is actually the text of a *proposed* set
- of ITARs. Chances are they were adopted pretty much as written, but I
- would like to know for sure.
-
- If these rules are in fact now current, I think the argument may be
- all but over. In the past, the problem has been whether the ITAR
- definition of "technical data" included "software". There has long
- been an exemption for "technical data" that is "in the public domain",
- but it was argued (specifically by a DEC attorney a few years ago)
- that "software" was a "defense article", not "technical data" and thus
- did not qualify for the exemption. *All* of our problems with public
- domain crypto software came from this basic interpretation that
- software was not "technical data".
-
- However, these new rules now seem to explicitly include "software" in
- the definition of "technical data". And since the public domain
- exemption is still there, it is possible that there is no longer *any*
- problem with exporting public domain crypto software.
-
- Of course, the right thing to do is to run all this past an attorney
- and verify it. --Phil
-
-
- 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;
-
- [ I can't find Sec 121.8(f). Can anybody look up this specific
- definition?]
-
- [...]
- 125.9 Filing of licenses for exports of classified technical data and
- classified defense articles.
-
- [...]
-
- (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.
-
-
- [I've deleted the lengthy definition of "public domain" since it is
- clear to me that anything up for anonymous FTP clearly qualifies.]
-
-
-
-
-