new mailing list & ITAR

[Mullen Patrick]

==========>
_______________________________________________________________________________
From: Michael C Taylor (CSD) on Wed, Dec 4, 1996 13:54

On Tue, 3 Dec 1996, Dr.Dimitri Vulis KOTM wrote:

> Meta-question: if someone posts strong crypto source code to the
> moderated mailing list, can the moderator(s) be prosecuted under ITAR?

The moderator would not prosecuted if the moderator & host machine wasn't 
located in USA and not a USA citizen and if the post was not from USA. 

The poster may be a target if located inside USA or a USA citizen. The 
moderator might be prosecuted if the post originated inside USA or went 
through USA to be exported outside USA & Canada.

Welcome to the rest of the world.

----
Michael C. Taylor <mctaylor at mta.ca>
Programmer, Mount Allison University

<==========

Wouldn't this be the case only if it was a *moderated* list?  If it's 
moderated, the list operator becomes a _publisher_ and is responsible for
it's content.  If it's *unmoderated*, the list operator is a _distributor_
and therefore not responsible for the content his medium provides.  Just 
like how a bookstore isn't responsible for the contents of the books; the
publishers/authors are.  (Well, public opinion may drive a store out of 
town, just like public opinion may kill a listserv...)

My apologies if I'm behind in the times and this decision no longer stands.

PM

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Crypto-Anarchy-Security esp. WRT Linux
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