On Thu, 10 Oct 1996 rollo@artvark.com wrote:
Two questions:
1. Does anyone think that legislation might be passed which would criminalize my communications with Ray?
Yes. But I don't think the courts would uphold it in the face of a well-presented constitutional challenge. See http://www.law.miami.edu/~froomkin/articles/clipper.htm
2. Suppose someone writes a program Z that has no expicit crypto code in it, but has hooks for installing one or another version of PGP. Given a copy of Z, someone in this country could install PGP he got from MIT, whereas someone in Europe could install the international version. Would export of Z violate ITAR restrictions?
Yes, but these are currently being challenged in 3 separate court actions. The administration asserts, however, that "hooks" are every bit as unexportable as the real thing. 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.