From: "John Smith" <jsmith58@hotmail.com>
Date: Fri, 26 Sep 1997 08:21:42 +0800
To: cypherpunks@cyberpass.net
Subject: Re: Why no version of SAFE removes export ctrls, and all are    dangerous
Message-ID: <19970926000039.26898.qmail@hotmail.com>
MIME-Version: 1.0
Content-Type: text/plain



Declan McCullagh <declan@well.com>:

            Sure,
            removing export controls completely would benefit
            everyone, but SAFE doesn't go that far: Only software
            "that is generally available" overseas may be exported.
            Which means if I invent a new data-scrambling method
            that nobody overseas has developed, I'm screwed.

This is wrong.  I quoted the part earlier removing restrictions on
generally available software.  Here is what they say about that:


"(A) the term 'generally available' means, in the case of software 
(including software with
encryption capabilities), software that is offered for sale, license, or 
transfer to any person without
restriction, whether or not for consideration, including, but not 
limited to, over-the-counter retail
sales, mail order transactions, phone order transactions, electronic 
distribution, or sale on approval;


There's nothing about it having to be available overseas.  You are
probably confusing it with the hardware part:


"(4) HARDWARE WITH ENCRYPTION CAPABILITIES. -- The Secretary shall 
authorize the
export or reexport of computer hardware with encryption capabilities if 
the Secretary determines
that a product offering comparable security is commercially available 
outside the United States
from a foreign supplier, without effective restrictions.


But that part is hardware only.  Software just has to be freely
available to anyone who wants it.  It's almost like this was written
just for cypherpunks.

"John

______________________________________________________
Get Your Private, Free Email at http://www.hotmail.com