From: jim@bilbo.suite.com (Jim Miller)
Date: Tue, 3 May 94 20:21:31 PDT
To: cypherpunks@toad.com
Subject: Re: Announcement RE: Lobbying...
Message-ID: <9405040314.AA08217@bilbo.suite.com>
MIME-Version: 1.0
Content-Type: text/plain



Arsen Ray Arachelian says:

> And they can kiss my fat ass for all I care.  As long as crypto
> is legal there ain't a thing they can use that list for
> except to deny you jobs. 



Section #120.9 of the ITAR defines "Defense Service" as:

  (1) The furnishing of assistance (including training) to foreign  
persons, whether in the United States or abroad in the design,  
development, engineering, manufacture, production, assembly, testing,  
repair, maintenance, modification, operation, demilitarization,  
destruction, processing, or use of defense articles; or
  (2) The furnishing to foreign persons of any technical data  
controlled under this subchapter (see #120.10), whether in the United  
States or abroad.
  

Section #120.17 defines "Export" as:

  [paragraphs 1 - 4 skipped]
  

  (5) Performing a defense service on behalf of, or for the benefit  
of, a foreign person, whether in the United States or abroad; or
  

  [paragraph 6 skipped]


I expect that most on this list know that cryptographic software and  
systems with the capability of maintaining secrecy or confidentiality  
of information (excluding systems using cryptography for  
authentication purposes only) are considered export controlled  
defense articles.  (See section #121.1, Category XIII)

Posting instructions on how to use and/or build cryptographic  
software to a mailing list containing foreign persons could be  
interpreted by some as a violation the ITAR regulations.

However, I think they would have to stretch the point quite a bit,  
considering the fact that it is legal to export cryptography books  
and discuss cryptography with foreign nationals in an academic  
setting.  Also, the posted instructions could be considered  
"information in the public domain" (section #120.11), which is *not*  
subject to the ITAR regulations.  


My hypothesis:  The TLAs could shut down the cypherpunks mailing list  
(as it now exists) by dragging all the U.S. list members into court.   
The TLAs would probably lose the case, but they would still do a lot  
of damage to the lives of the U.S. list members.


Jim_Miller@suite.com