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Date:      Mon, 23 Aug 1999 16:38:23 -0400 (EDT)
From:      Garrett Wollman <wollman@khavrinen.lcs.mit.edu>
To:        Warner Losh <imp@village.org>
Cc:        freebsd-security@FreeBSD.ORG
Subject:   Re: VPN for FreeBSD 2.2.8 and 3.2 
Message-ID:  <199908232038.QAA22922@khavrinen.lcs.mit.edu>
In-Reply-To: <199908231835.MAA40614@harmony.village.org>
References:  <4726.935379766@localhost> <199908231835.MAA40614@harmony.village.org>

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<<On Mon, 23 Aug 1999 12:35:47 -0600, Warner Losh <imp@village.org> said:

> InSecureBSD?  I don't think so.  FreeBSD takes security very
> seriously...  I think that since we're based in the bay area that
> export of crypto is completely legal.

Well, yes and no.  You would do well to read the decision of the
Appeals Court.

The judges ruled that export controls on crypto SOURCE CODE were
unconstitutional.  They chose not to decide the question of whether
export controls on binaries were also unconstitutional, although the
way the decision was drawn suggests that the appeals court would
decide the other way on that question if such a controversy arose.
They found the district court's rationale unconvincing, and decided
the case on the basis of a different legal theory.

This is now good law in the Ninth Circuit.  I do not believe the
question has reached a similar level in any of the other circuits, so
there may not be a national rule for some time.  (I don't know if the
government has yet appealed the Ninth Circuit's decision.  If I were
the government, I probably would not appeal this decision and instead
wait for a case in another circuit where the facts were a bit more
conducive.)  At any rate, for those of us who do not live on the West
Coast, export controls remain a fact of life.

-GAWollman

--
Garrett A. Wollman   | O Siem / We are all family / O Siem / We're all the same
wollman@lcs.mit.edu  | O Siem / The fires of freedom 
Opinions not those of| Dance in the burning flame
MIT, LCS, CRS, or NSA|                     - Susan Aglukark and Chad Irschick


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