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Date:      Wed, 26 Jul 1995 18:43:50 -0500
From:      Scott Brickner <sjb@austin.ibm.com>
To:        Jeff Aitken <jaitken@cslab.vt.edu>
Cc:        sef@kithrup.com (Sean Eric Fagan), security@freebsd.org
Subject:   Re: secure/ changes... 
Message-ID:  <9507262343.AA18171@ozymandias.austin.ibm.com>
In-Reply-To: (Your message of Wed, 26 Jul 1995 17:01:48 CDT.) <199507262101.RAA19119@husky.cslab.vt.edu> 

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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.



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