[4574] in cryptography@c2.net mail archive
Re: How to export strong crypto & still satisfy ITAR
daemon@ATHENA.MIT.EDU (Michael Froomkin - U.Miami School )
Fri Apr 30 13:36:55 1999
Date: Fri, 30 Apr 1999 12:51:49 -0400 (EDT)
From: "Michael Froomkin - U.Miami School of Law" <froomkin@law.miami.edu>
To: Mike Stay <staym@accessdata.com>
Cc: coderpunks@toad.com, cryptography@c2.net
In-Reply-To: <3729C8A9.5FC2@accessdata.com>
Yes, it's funny, but it's also misleading.
If you read the regs, it makes it legal to put the crypto in orbit. It's
still an offense when it lands abroad. So when the rockets go up, you DO
care where they come down...
Been trying to get that one fixed for *years*.
-Digicrime's "Big MouthPiece"
On Fri, 30 Apr 1999, Mike Stay wrote:
> Quoting http://www.digicrime.com/itar.html :
>
> "Our crack team of legal advisors has discovered a loophole in the ITAR
> export restrictions on cryptographic devices from the US. Specifically,
> it now appears that cryptographic software may be flown across the
> Mexican border using model rockets without regard to ITAR restrictions!
> Here's why. Section 120.17 of the ITAR reads as follows:
>
> @ 120.17 -- Export.
> Export means:
> (1) Sending or taking a defense article out of the United States in any
> manner, except by mere travel outside of the United States by a person
> whose personal knowledge includes technical data; or
>
> [...continuing later...]
>
> (6) A launch vehicle or payload shall not, by reason of the launching
> of such vehicle, be considered an export for purposes of this
> subchapter...
>
> That should make the Software Publisher's Association happy."
>
--
A. Michael Froomkin | Professor of Law | froomkin@law.tm
U. Miami School of Law, P.O. Box 248087, Coral Gables, FL 33124 USA
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