From: koontzd@lrcs.loral.com (David Koontz )
Date: Thu, 23 Sep 93 07:57:15 PDT
To: hfinney@shell.portal.com
Subject: Re:  Propriety of crypto on Munitions List
Message-ID: <9309231453.AA29903@nebula.lrcs.loral.com>
MIME-Version: 1.0
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>From: hfinney@shell.portal.com

>In U.S. v Martinez, Elizabeth Martinez and her fiance were convicted
>of violating the Arms Export Control Act by exporting cryptographic
>hardware, namely "Videocipher II" video descrambling devices.

I would guess that they have good grounds for an appeal now that the ITAR
has been changed to except the VideocypherII (unless they were exporting
studio or professional quality equipment):

                                FEDERAL REGISTER
                                VOL. 58, No. 139
                             Rules and Regulations
                              DEPARTMENT OF STATE
                       Bureau of Politico-Military Affairs
       22 CFR Parts 120, 121, 122, 123, 124, 125, 126, 127, 128, and 130
                              [Public Notice 1832]
          Amendments to the International Traffic in Arms Regulations
                                    Part II
                                  58 FR 39280
DATE: Thursday, July 22, 1993
...
  Enumeration of Articles
   121.1 -- General. The United States munitions list.
   (a) The following articles, services and related technical data are
designated as defense articles and defense services pursuant to sections 38 and
47(7) of the Arms Export Control Act (22 U.S.C. 2778 and 2794(7)). Changes in
designations will be published in the Federal Register. Information and
clarifications on whether specific items are defense articles and services unde
this subchapter may appear periodically in the Defense Trade News published by
the Center for Defense Trade.
...
  Category XIII-Auxiliary Military Equipment

   (a) Cameras...

   (b) Information Security Systems and equipment, cryptographic devices,
software, and components specifically designed or modified therefor, including:
   (1) Cryptographic (including key management) systems, equipment, assemblies,
modules, integrated circuits, components or software with the capability of
maintaining secrecy or confidentiality of information or information systems,
except cryptographic equipment and software as follows:
...
   (viii) Limited to receiving for radio broadcast, pay television or similar
restricted audience television of the consumer type, without digital encryption
and where digital decryption is limited to the video, audio or management
functions.

(The VideocypherII falls here)

What were the dates of the conviction and appellate court decisions?