At 3:09 PM -0800 5/1/97, Anil Das wrote:
On May 1, 11:40am, Tim May wrote:
I'm no expert in these areas, but doesn't this consitute "providing hooks" for strong crypto? The EARs say that a "hook" for inserting crypto modules once a product is exported are essentially as bad as providing the crypto before the product is exported.
If the EAR says that, I would like to have a reference to the section, please, so I can look it up at jya.com. I am not saying it is not there, just that I haven't seen it, and I would like to see what the exact language is.
I hate it when people ask me to go dig up stuff...as I often end up wasting my time doing it, instead of telling them to use their own search tools. (It might be different if details like this were at my fingertips, sort of like someone asking, "Is it true that Darwin wrote a book? Anyone know the name of it?" As the export laws are long and complicated, finding things is not easy.) But it may have been worth it. While stupidly searching the EARs with my tools, I found this little gem: PART 730--[AMENDED] 8. Section 730.5 is amended by adding a new sentence to the end of paragraph (d) to read as follows: Sec. 730.5 Coverage of more than exports. * * * * * (d) * * * The EAR also restrict technical assistance by U.S. persons with respect to encryption commodities or software. [end quote] This from http://jya.com/bxa123096.txt I'm not sure what it means for Sameer and C2net, but were I him I'd have some experts in this area look into whether _anything_ being done at C2net could be construed as providing technical assistance. And I seem to recall some saying these kinds of EAR restrictions were linked to nuclear weaons...in fact, just today Lucky wrote: "I you read 744.6 EAR you will find the the provisions cited below only apply to nukes and missiles, not crypto." I'm not sure what 744.6 is all about, but the section quoted above pretty clearly says that providing technical assistance with respect to crypto is covered. Meanwhile, I didn't find the term "hook" mentioned in this particular URL. But there have been many discussions of this, vis-a-vis the situation of removing crypto from a product to get export approval and having a method of adding crypto abroad. "Insert crypto hooks here" is treated as if the program had crypto all along. Anil, you'll have to do the research on where in the vast amount of stuff on the EARs, the Munitions List, the CCL, etc. this is spelled out. I'm done for the evening. --Tim May, who makes a May Day promise to himself not be gulled into doing clerking for others There's something wrong when I'm a felon under an increasing number of laws. ---------:---------:---------:---------:---------:---------:---------:---- Timothy C. May | Crypto Anarchy: encryption, digital money, tcmay@got.net 408-728-0152 | anonymous networks, digital pseudonyms, zero W.A.S.T.E.: Corralitos, CA | knowledge, reputations, information markets, Higher Power: 2^1398269 | black markets, collapse of governments. "National borders aren't even speed bumps on the information superhighway."