Crippled Notes export encryption

[Ian Goldberg]

In article <310612A1.69E7 at netscape.com>,
Jeff Weinstein  <jsw at netscape.com> wrote:
>  Another problem is that the government may consider any "help" provided
>to the foreign entity to be evidence of a conspiracy.  When Eric Young
>released SSLEAY we got a call from someone in the State Department
>(probably some lackey paid for by the NSA) to find out if we provided
>him with any "help" in doing his implementation.  Since he did it all
>on his own from the published spec and was able to test interoperability
>over the internet we were off the hook, but they seemed to be prepared
>to come down on us if we had "conspired" with him.
>
You don't have to go as far as calling it a conspiracy.  Remember
statement (5) that I posted yesterday:

(5) Performing a defense service on behalf of, or for the benefit of, a
foreign person, whether in the United States or abroad.

If Netscape had "helped" Eric write SSLEAY, that would count as a defense
service for the benefit of a foreign person.

Section 120.9:

@ 120.9 -- Defense service.

   Defense service means:

   (1) The furnishing of assistance (including training) to foreign persons,
whether in the United States or abroad in the design, development, engineering,
manufacture, production, assembly, testing, repair, maintenance, modification,
operation, demilitarization, destruction, processing or use of defense articles;
or

   (2) The furnishing to foreign persons of any technical data controlled under
this subchapter (see @ 120.10), whether in the United States or abroad.

   - Ian