On Wed, 22 Nov 1995, Frank Stuart wrote:
[regarding suggestion that netscape give mit or someone a 128 bit version to place on an ftp server]
This is not an apology for the the ITAR, just my usual lawyerly overcaution:
Suppose A gives B a program that is export controlled, intending for B to allow it to be exported. Has A conspired with B to export the program?
Let's ask the grand jury investigating Phil....
That's a possible problem, I suppose, but wouldn't you be protected if your license agreement with MIT (or whoever) specified redistribution "for domestic use only"?
"protected"? No. "Helped"? Yes. The government can argue to the jury that the agreement was a sham and you knew it.... A. Michael Froomkin | +1 (305) 284-4285; +1 (305) 284-6506 (fax) Associate Professor of Law | U. Miami School of Law | froomkin@law.miami.edu P.O. Box 248087 | http://www.law.miami.edu/~froomkin Coral Gables, FL 33124 USA | It's warm here.