-----BEGIN PGP SIGNED MESSAGE----- In article <3.0.1.32.19970517183655.00867d60@mail.io.com>, Greg Broiles <gbroiles@netbox.com> wrote:
But a clerk in Egghead who sells a copy of 128-bit Netscape to a "foreign person" is also guilty of an export violation.
Not the way I read the regs (IANAL)... 734.2(b) provides a completely different definition of "export" for encryption software ((b)(9) instead of (b)(2)(ii)). - Ian 734.2(b): (b) Export and reexport--(1) Definition of export. ``Export'' means an actual shipment or transmission of items subject to the EAR out of the United States, or release of technology or software subject to the EAR to a foreign national in the United States, as described in paragraph (b)(2)(ii) of this section. See part 772 of the EAR for the definition that applies to exports of satellites subject to the EAR. See paragraph (b)(9) of this section for the definition that applies to exports of encryption source code and object code software subject to the EAR. (2) Export of technology or software. (See paragraph (b)(9) for provisions that apply to encryption source code and object code software.) ``Export'' of technology or software, excluding encryption software subject to ``EI'' controls, includes: <snip, irrelevant to EI> 734.2(b)(9): (9) Export of encryption source code and object code software. (i) For purposes of the EAR, the export of encryption source code and object code software means: (A) An actual shipment, transfer, or transmission out of the United States (see also paragraph (b)(9)(ii) of this section); or (B) A transfer of such software in the United States to an embassy or affiliate of a foreign country. (ii) The export of encryption source code and object code software controlled for EI reasons under ECCN 5D002 on the Commerce Control List (see Supplement No. 1 to part 774 of the EAR) includes downloading, or causing the downloading of, such software to locations (including electronic bulletin boards, Internet file transfer protocol, and World Wide Web sites) outside the U.S., or making such software available for transfer outside the United States, over wire, cable, radio, electromagnetic, photooptical, photoelectric or other comparable communications facilities accessible to persons outside the United States, including transfers from electronic bulletin boards, Internet file transfer protocol and World Wide Web sites, unless the person making the software available takes precautions adequate to prevent unauthorized transfer of such code outside the United States. Such precautions shall include: <snip; this part was in the previous note> -----BEGIN PGP SIGNATURE----- Version: 2.6.2 iQCVAwUBM38TokZRiTErSPb1AQHZJgP/aFc77erbX8CTK5dKDOskMas5eqHPTj36 VkALz17gkkZLbOs8jafc/hCVRgAC5wiF29CLE33XX2Ngvb8O98mwQFFGnJaUj0+9 70Q7fuKKvjvo19V+yPWVw/Q9ZJR4uA+qpIyyIZf28HIn+949Mpyq75eOs686se3t AX5q7acfjJc= =7kz4 -----END PGP SIGNATURE-----