Exports and criminalizing crypto

John Smith jsmith58 at hotmail.com
Thu Sep 25 16:28:43 PDT 1997



>From: Tim May <tcmay at got.net>
>J. Random Hotmail User, you'd better learn to read the text of the 
bills
>you so blithely think are OK.

Well, I read the text of the bill, and here is part of what it says:


`(2) ITEMS NOT REQUIRING LICENSES- No validated license may be required, 
except
    pursuant to the Trading With The Enemy Act or the International 
Emergency Economic Powers
    Act (but only to the extent that the authority of such Act is not 
exercised to extend controls
    imposed under this Act), for the export or reexport of--

          `(A) any software, including software with encryption 
capabilities--

               `(i) that is generally available, as is, and is designed 
for installation by the
               purchaser; or

               `(ii) that is in the public domain for which copyright or 
other protection is not
               available under title 17, United States Code, or that is 
available to the public
               because it is generally accessible to the interested 
public in any form;



This sounds like it should cover the kind of crypto that we
are talking about and that Ian Goldberg does.  It is generally
available and installable by the purchaser (it's free) and
it is in the public domain and generally accessible to the interested
public, etc.  And see, there are no export licenses for this.

There is another part that has the stuff you were talking about
re "diversion" and terrorism, but that is separate.  It
is for software that is not generally accessible and installable
by the purchaser and all that.  More specialized stuff, like custom
packages.  But cypherpunks software is for everybody, and this bill
should make it free to export.

"John

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