From: "Peter D. Junger" <junger@pdj2-ra.F-REMOTE.CWRU.Edu>
Date: Fri, 22 Dec 95 05:21:52 PST
To: Cypherpunks <jeffg@HiWAAY.net>
Subject: Re: Remote use=export?
In-Reply-To: <9512220547.AA27294@fly.HiWAAY.net>
Message-ID: <m0tT7SA-0004JWC@pdj2-ra.F-REMOTE.CWRU.Edu>
MIME-Version: 1.0
Content-Type: text/plain


Jeff Gehlbach writes:

: -----BEGIN PGP SIGNED MESSAGE-----
: 
: I apologize if this is a dead horse, but...
: 
: Is granting use of crypto software running in the US to a remote user
: outside the US considered exportation?  For example, if allow my friend in
: Paris to use a PGP binary residing and running on my PC in Washington, is
: either of us violating any ITAR or similar restrictions?

Nothing about the ITAR is unambiguous, but since what is forbidden is
``exporting'', which includes ``disclosing to foreign persons'', and
since use is not forbidden, it is hard to see how what you suggest
could violate the ITAR.  (And I don't know of any other U.S. law or
regulation that it could violate.)

On the other hand, it may violate French law, which, or so I
understand, does forbid the use of crypto unless the keys are made
available to the French government.  But I really don't know anything
about French law.

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