Reading the proposed new rules, what disturbs me most deeply is the statement: - start quote - 16. Section 734.7 is amended by revising paragraph (b) to read as follows: 734.7 Published information and software. * * * * * (b) Software and information is published when it is available for general distribution either for free or at a price that does not exceed the cost of reproduction and distribution. See Supplement No. 1 to this part, Questions G(1) through G(3). Note that encryption software controlled under ECCN 5D002 for "EI" reasons on the Commerce Control List (refer to Supplement No. 1 to part 774 of the EAR) remain subject to the EAR even when publicly available. Accordingly, such encryption software in both source code and object code remains subject to the EAR even if published in a book or any other writing or media. - end quote - It appears that we will now have the unique situation that a book which contains cryptographic info or source code will be illegal to export or sell to a non-citizen, without getting export permission. I am not aware of any prior time when the government attempted to claim that printed material, freely available in bookstores and newsstands to US citizens, became contraband when sold or given to a non-citizen. Who's responsible for enforcing this? The vendor? The clerk at Barnes & Noble? The publisher? If the latter, how many publishers will take the risk of printing books with crypto information? Will Wiley pull "Applied Cryptography" from the shelves? This doesn't just chill free speech, it dunks it in liquid helium. It's difficult to think of clearer case of prior restraint. ----------------- Peter Trei trei@process.com Disclaimer: I am not speaking for my employer.