Perry chips in :
"Peter D. Junger" writes:
The trouble is that the ITAR's definition of export that is relevant to cryptographic software has nothing to do with exporting in the normal sense, and therefore it has nothing to do with transhipments.
I am starting to have trouble believing you are a lawyer. Are you actually telling me that treaties which explicitly indemnify transshipment customers against local laws are superceeded by lower level laws, in spite of the supremecy clause of the constitution? That might be what the state department would tell you, but I'd have trouble believing even a lobotomized mongoloid judge would let that stand. Treaties are treaties, period.
Actually there are exclusion clauses in most international trade treaties to exclude items such as arms and drugs from transhipment clauses. There are also various treaties to control trafic in arms and drugs whose provisions may have precedence. The US is not known for sticking to the narrow wording of an international treaty in such cases. Panama was invaded for alledged transhipment of drugs after all. I doubt anyone would seriously attempt to find a justification for that act in international law. One of the many problems in Perry's approach is that an international treaty is in essence a contract between governments. If the governments chose to interpret a contract in a particular way they may not consider it any of your buisness as a third party. They are after all always free to negotiate a new treaty. Perry's somewhat offensive language is not a substitute for an argument. Treaties certainly arn't "treaties period" otherwise the profession of law would be a somewhat less skilled one. There is clearly considerable complexity in the interpretation of treaties and in determining the scope of their application, the various remedies they provide for and so on. I think I would take Perry's disbelief that a person is a lawyer becuse he disagrees with him as reflecting more on Perry than anyone else. All contrary views are rejected... hmm... Phill