Can the inevitability of Software privacy be used to defeat the ITAR?

[Michael Froomkin]

Hey folks, let's be real clear about this:

The ITAR do NOT apply to books.

Repeat:

The ITAR do NOT apply to books.   

On Fri, 12 Jul 1996, Mark M. wrote:
[...]
> This isn't quite analogous to the original problem of a software company making
> good-faith efforts to prevent a program from being exported.  AFAIK, MIT did
> not try to prevent the book from being exported (of course, the State
> Department never did approve or deny their request to export the book).  Sandia

State told Karn that it did not have jurisdiction over books.

> could claim that MIT came very close to violating ITAR, but the same claim

"The ITAR do not apply to books"

> could not be made if the issue was a software program which was
> export-controlled.

A. Michael Froomkin        | +1 (305) 284-4285; +1 (305) 284-6506 (fax)
Associate Professor of Law | 
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