Date: Fri, 4 Dec 1998 16:21:06 +0200 (SAT) From: Graham Wheeler <gram@cdsec.com> To: reg@shale.csir.co.za (Jeremy Lea) Cc: hackers@FreeBSD.ORG Subject: Re: Crypto policy [was: Can we just come to a decision on IPv6 and IPSec?] Message-ID: <199812041421.QAA03311@cdsec.com> In-Reply-To: <19981204151923.A255@shale.csir.co.za> from "Jeremy Lea" at Dec 4, 98 03:19:23 pm
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> On Fri, Dec 04, 1998 at 01:32:47PM +0100, Andre Oppermann wrote: > > I doubt there will be problems with internat. South Africa is not part of > this, and is not likely to be, considering our good diplomatic relations > with China, Libya, Cuba and sometimes even Iraq. According to the GILC 1997 International Survey on Encryption Policy (http://www.gilc.org/crypto/crypto-results.html): "According to the Commerce/NSA report, the South African government controls encryption as a dual-use item on the General Armaments Control Schedule. Exports of encryption require an individual validated license. The control of encryption is under the jurisdiction of the South African Department of Defense Armaments Development and Protection Act, 1968, No. R. 888, published on May 13, 1994. "An individual validated license is required for the import of encryption software. A valid permit from the Armaments Control Division is required for the import or transportation of cryptographic equipment or software. This information is gleaned from State Department Johannesburg Cable 000951, June 23, 1995. "Ref: A Study of the International Market for Computer Software with Encryption , U.S. Department of Commerce and the National Security Agency, July 1995." > To the South African's on the list: Anyone have any ideas on the best way > to get encryption enshrined as a constitutional right? Better to be > proactive than reactive. I'm sure some argument about the need for > individuals to protect themselves, to prevent an recurrence of the horrors of > the past, would go some way. One would have to take the issue to the Constitutional Court, which has a backlog of cases several months long. I'm trying to get some info out of the Law Commission at the moment to get an idea of what sort of case we would have. The constitution enshrines the right to privacy, and also the right to practice our trade, so I think we could have a good case. Also, the export restrictions thrust upon the world by US pressure are so illogical, and our constitutional court judges so impeccable, that I can't see such a case being lost very easily (although I'm no lawyer). But to take this up would take time and money, so I suspect in the end we will be reactive after all... -- Dr Graham Wheeler E-mail: gram@cdsec.com Citadel Data Security Phone: +27(21)23-6065/6/7 Internet/Intranet Network Specialists Mobile: +27(83)253-9864 Firewalls/Virtual Private Networks Fax: +27(21)24-3656 Data Security Products WWW: http://www.cdsec.com/ To Unsubscribe: send mail to majordomo@FreeBSD.org with "unsubscribe freebsd-hackers" in the body of the message
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