Re: (Fwd) Australian "ITAR" regulations

Peter Trei writes:
Forwarded from the cypherpunks list... http://www.austlii.edu.au/cgi-bin/sinodisp.pl/au/legis/cth/consol_reg/cer439...
Thanks for posting this URL Peter. Of particular note is the heading:
43. Other goods as follows:
An anonymous opinion from inside the Defence Dept holds that electronic bits on a wire do not constitute goods, and as a result if you ship electronically, you are not subject to the regulations. If you ship a CD or floppy or other physical media containing software, you violate the regulations. I'll add this to the SSLeay legality FAQ - standard disclaimers apply of course, obtain professional legal advice before exporting SSLeay. ------------------------------------------------------------ Clifford Heath cjh@osa.com.au Open Software Associates Limited 29 Ringwood Street / P O Box 401 Phone +613 9871 1694 Ringwood VIC 3134 AUSTRALIA Fax +613 9871 1711 ------------------------------------------------------------ Deploy Applications across the Internet and Intranets! Visit our Web site at http://www.osa.com

Hi there,
An anonymous opinion from inside the Defence Dept holds that electronic bits on a wire do not constitute goods, and as a result if you ship electronically, you are not subject to the regulations. If you ship a CD or floppy or other physical media containing software, you violate the regulations.
Watch out for those anonymous opinions; I received exactly the opposite opinion when I spoke to the Defence Signals Directorate about the issue (back in 1994) -- after specifically asking about a few hypothetical cases. Of course, either opinion may be correct, which is the real problem!
I'll add this to the SSLeay legality FAQ - standard disclaimers apply of course, obtain professional legal advice before exporting SSLeay.
Definitely ... what a pain, however :-(. Best of luck! Matthew. -- Matthew Gream -- matt@lust.bio.uts.edu.au.

Peter Trei writes:
Forwarded from the cypherpunks list... http://www.austlii.edu.au/cgi-bin/sinodisp.pl/au/legis/cth/consol_reg/cer439...
Thanks for posting this URL Peter. Of particular note is the heading:
43. Other goods as follows:
An anonymous opinion from inside the Defence Dept holds that electronic bits on a wire do not constitute goods, and as a result if you ship electronically, you are not subject to the regulations. If you ship a CD or floppy or other physical media containing software, you violate the regulations.
If you glance at reg. 13b, under 'software', you'll find that it specifically says '"software" means [program(s)] fixed in any tangible medium of expression'. -- -Geoff Keating (Geoff.Keating@anu.edu.au)
participants (3)
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cjh@osa.com.au
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Geoffrey KEATING
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Matthew Gream