Crypto Exposure

[Peter D. Junger]

Bill Stewart writes:

: >- What if the foreigner actually write crypto code while in
: >the US?  Does he (or the Uni/ISP) violate export restrictions each 
: >time he access the source code or execute his program if they are 
: >stored on a public (Uni/ISP) machine? 
: 
: The foreigner isn't a US person, so he doesn't violate the
: law by reading the code himself.  If the Uni or ISP knows
: that it's providing encryption software to the foreigner,
: it may be liable, but without scienter it's tough to have guilt.
: Probably the foreigner should not keep encryption software on
: University or ISP machines - floppy disks should do just fine :-)

If the foreigner doesn't have a green card he is a foreign person and
allowing himself to read his own code would be disclosing that code to
a foreign person and that is a felony unless he first gets a license
which he can't get because he is a foreign person or a favorable
commodity jurisdiction determination which he can't get without first
reading his code and sending a copy of it to the Office of Defense
Trade Controls.

--
Peter D. Junger--Case Western Reserve University Law School--Cleveland, OH
Internet:  junger at pdj2-ra.f-remote.cwru.edu    junger at samsara.law.cwru.edu