In article <9601242357.AA02688@alpha>, Mike McNally <m5@dev.tivoli.com> wrote:

This sounds fishy to me. I don't recall reading anything to suggest that export of cryptographic software (or any other munition) requires that the stuff be *used* outside the US for an offense to be committed; why should export of a cryptographer's wetware be any different? Either the expertise leaves the country or it doesn't, I'd think.

Here's section 120.17 of ITAR: @ 120.17 -- Export. Export means: (1) Sending or taking a defense article out of the United States in any manner, except by mere travel outside of the United States by a person whose personal knowledge includes technical data; or (2) Transferring registration, control or ownership to a foreign person of any aircraft, vessel, or satellite covered by the U.S. Munitions List, whether in the United States or abroad; or (3) Disclosing (including oral or visual disclosure) or transferring in the United States any defense article to an embassy, any agency or subdivision of a foreign government (e.g., diplomatic missions); or (4) Disclosing (including oral or visual disclosure) or transferring technical data to a foreign person, whether in the United States or abroad; or (5) Performing a defense service on behalf of, or for the benefit of, a foreign person, whether in the United States or abroad. (6) A launch vehicle or payload shall not, by reason of the launching of such vehicle, be considered an export for purposes of this subchapter. However, for certain limited purposes (see @ 126.1 of this subchapter), the controls of this subchapter may apply to any sale, transfer or proposal to sell or transfer defense articles or defense services. Item (1) allows people to travel abroad if they know crypto. It's unclear that it allows them to emigrate or return to their country of origin. Items (3),(4),(5) seem to prevent such a person from using, or even mentioning, crypto to or "on behalf of" a foreign person. (6) is cute. Launching a missle at Iraq isn't considered export... - Ian