Bill Stewart writes: : >- What if the foreigner actually write crypto code while in : >the US? Does he (or the Uni/ISP) violate export restrictions each : >time he access the source code or execute his program if they are : >stored on a public (Uni/ISP) machine? : : The foreigner isn't a US person, so he doesn't violate the : law by reading the code himself. If the Uni or ISP knows : that it's providing encryption software to the foreigner, : it may be liable, but without scienter it's tough to have guilt. : Probably the foreigner should not keep encryption software on : University or ISP machines - floppy disks should do just fine :-) If the foreigner doesn't have a green card he is a foreign person and allowing himself to read his own code would be disclosing that code to a foreign person and that is a felony unless he first gets a license which he can't get because he is a foreign person or a favorable commodity jurisdiction determination which he can't get without first reading his code and sending a copy of it to the Office of Defense Trade Controls. -- Peter D. Junger--Case Western Reserve University Law School--Cleveland, OH Internet: junger@pdj2-ra.f-remote.cwru.edu junger@samsara.law.cwru.edu