Date: Sat, 19 Aug 1995 12:32:16 +0200 From: Mark Murray <mark@grondar.za> To: "Rodney W. Grimes" <rgrimes@gndrsh.aac.dev.com> Cc: mark@grondar.za (Mark Murray), jkh@time.cdrom.com, ache@astral.msk.su, jkh@freefall.FreeBSD.org, rgrimes@freefall.FreeBSD.org, security@freebsd.org, freebsd-foreign-secure@grondar.za Subject: Re: security list Message-ID: <199508191032.MAA17750@grumble.grondar.za>
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> > > > I've got a lawyer friend who knows this crap. She's an import/export/pa tent > > > > specialist, and an Advocate too. (British: Advocate=Barrister) (America n: > > > > Advocate=Big Cheese Lawyer qualified to argue in supreme court) > > > > > > > > She'll do this Pro Amico... > > > > > > That's very kind of her. So, maybe we should make sure we've got all > > > of our questions in order before we take her up on this generous offer? > > > Just what issues are we trying to clarify here, exactly? > > > > (Sorry Jordan - you missed a long discussion concerning the legality of > > _importing_ crypto code into the USA. Rod feels that this is dangerous > > and a couple of others feel that these fears are unfounded. I thought > > that I would find out for sure. I am sick of the argument :-) :-) ) > > > > [Would you like copies of the discussion?] > > > > Before we get all excited... > > > > She is doing this as a favour for me, and her name will be on whatever she > > gives me. BUT - what she will give me is LEGAL OPINION. It is not law, > > and she is not American. > ... > > Any news on this front? Haven't heard anything for a bit and was just > proding. Yehbo. I just called her. I have given her an account at work, and shown her how to browse the web - the initial info I gave her was _much_ too sparse. (ITAR and the arms control act) In a nutshell, this is where we are: ITAR states that crypto is a munition. We know this. Export of `munitions' is a no-no (ITAR gives us this). We know this. Temporary import of `munitions' is also a no-no. (ITAR). We know this. Import of `munitions' is none of the State department's business. (Stated in ITAR) This is the jurisdiction of the Treasury department. Treasury department has 12 sub-deparments (Offices?) Included are Customs and Bureau of Alcohol, Tobacco and Firearms(BATF). (gulp), ande the Bureau of Economic Crimes(? Something like that). Any import that is not specifically controlled by some other department is covered by a "general import thingy(?!)" administered by the Customs folks. This includes PD software coming in via the internet, or for that matter, anything crossing the border into the US. The only folks having any vague interest in crypto/munitions that she could find are the BATF boys. And a (not complete) search has so far shown up NADA. Anything else she found (and this is repeated all over the place) has to do with _export_. Her guess _at_this_stage_ is that import is unregulated unless you are importing items with commercial value, in which case import duties _may_ apply. -- Mark Murray 46 Harvey Rd, Claremont, Cape Town 7700, South Africa +27 21 61-3768 GMT+0200 Finger mark@grumble.grondar.za for PGP key
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