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- Path: sparky!uunet!olivea!hal.com!decwrl!csus.edu!netcom.com!strnlght
- From: strnlght@netcom.com (David Sternlight)
- Newsgroups: misc.legal.computing
- Subject: Re: Not illegal to import PGP into U.S.!
- Message-ID: <1993Jan23.195047.10862@netcom.com>
- Date: 23 Jan 93 19:50:47 GMT
- References: <1993Jan23.030558.4357@netcom.com> <4655.Jan2305.28.2793@silverton.berkeley.edu>
- Organization: Netcom - Online Communication Services (408 241-9760 guest)
- Lines: 49
-
- In article <4655.Jan2305.28.2793@silverton.berkeley.edu> djb@silverton.berkeley.edu (D. J. Bernstein) writes:
- >In article <1993Jan23.030558.4357@netcom.com>,
- >in a silly attempt to show that ITAR prevents the import of PGP into the U.S.,
- >strnlght@netcom.com (David Sternlight) writes:
-
- The use of "silly attempt" is rude and uncalled for in response to a factual
- message. It shows how flame wars start here.
-
- >> 123.2 Imports.
- >> No defense article may be imported into the United States unless (a)
- >> it was previously exported temporarily under a license issued by the
- >> Office of Munitions Control; or (b) it constitutes a temporary
- >> import/intransit shipment licensed under Section 123.3; or (c) its
- >> import is authorized by the Department of the Treasury (see 27 CFR
- >> parts 47, 178, and 179).
- >
-
- Since PGP2.0 is based on an export of PGP1.0 without a license, "(a)" does
- not apply. Since it is not licensed under Section 123.3, "(b)" does not
- apply. Since the Treasury has not authorized its import, "(c)" does not
- apply.
-
-
- >Yes, Sternlight. Why don't you read the law you're quoting?
-
- This kind of language speaks for itself.
-
- Read "The Hacker Crackdown". The Feds move slowly, but when they get
- exercised, seizure of equipment and jail time can result. Even if one is
- vindicated in the end, one has still spent time in jail and lost one's
- equipment, and the equipment can be kept for long periods of time even if
- one is not charged. I don't say it's right or wrong , but that it's so. If
- they get as exercised about what they think to be crypto law violations as
- they've gotten about some other matters, and decide it's a form of computer
- crime, similar consequences could result, and for what?
-
- Bernstein may be willing to take such risks based on his confidence in his
- "legal" abilities or some civil liberties position, but I am not. Other
- readers may decide for themselves.
-
- To avoid yet another interminable thread, I stand on the language of the law
- and this message. If one thinks he has found contrary language somewhere and
- is willing to risk the consequences based on that interpretation, that's his
- business, but readers should be aware of the risks in this area.
-
- David
- --
- David Sternlight
- RIPEM Public Key on server -- Consider it an envelope for your e-mail
-