Date: Wed, 26 Jul 1995 18:13:25 -0700 (PDT) From: "Rodney W. Grimes" <rgrimes@gndrsh.aac.dev.com> To: sjb@austin.ibm.com (Scott Brickner) Cc: jaitken@cslab.vt.edu, sef@kithrup.com, security@freebsd.org Subject: Re: secure/ changes... Message-ID: <199507270113.SAA27356@gndrsh.aac.dev.com> In-Reply-To: <9507262343.AA18171@ozymandias.austin.ibm.com> from "Scott Brickner" at Jul 26, 95 06:43:50 pm
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> > Jeff Aitken writes: > >Although I don't claim to understand much about this whole issue, many > >of the net.lawyers (and probably a few real ones too ;) think > >Zimmermann is not guilty, but that hasn't stopped the DoJ from > >prosecuting him (last I heard). Perhaps Rodney is simply taking the > >position that he isn't willing to risk it, even if it seems like > >importing crypto software isn't relaly illegal in all cases. The > >entire FreeBSD core team has gone to great lengths to avoid any further > >confrontations with USL, despite the beliefs of many well informed > >people who thought their lawsuit was groundless/pointless/useless/ > >frivilous/etc. Perhaps that lesson is carrying over into this issue... > > They aren't prosecuting him, yet. They're just persecuting him. > No formal charges have been brought. > > I assume you bring this up to point out that the legality of the > issue is independent from persecution on the issue. True. But > the persecution is still based on a specific prohibition --- > export of crypto --- under ITAR. ITAR doesn't cover import. > Were import illegal, PRZ would also be harrassed for the import > of IDEA. He isn't, ergo import is legal. Your conclusion is not sound, though it may seem ``logical'' to some, it is missing the premise that they don't have to press charges on issues if they don't want to, and that they also often use the strongest charge to get the indictment, then latter add anything and everything they can to that to increase the ``persecution''. Perhaps not only should you go study law, but deductive logic as well :-) :-) -- Rod Grimes rgrimes@gndrsh.aac.dev.com Accurate Automation Company Reliable computers for FreeBSD
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