From: "Peter D. Junger" <junger@pdj2-ra.F-REMOTE.CWRU.Edu>
Date: Thu, 21 Sep 95 06:46:15 PDT
To: cypherpunks@toad.com>
Subject: Re: FROM A FRIEND . . .
In-Reply-To: <43r488$met@tera.mcom.com>
Message-ID: <m0svlyf-0004JWC@pdj2-ra.F-REMOTE.CWRU.Edu>
MIME-Version: 1.0
Content-Type: text/plain


Jeff Weinstein writes:

:   Poor choice of words on my part.  My understanding is that we can not
: export our US-only product, except to canada - for the use of canadian
: citizens.  I also believe that it is illegal for anyone except US citizens,
: permanent residents of the US (green card holders) and Canadian citizens
: to use it, even within the US.  I'm not a lawyer, and I've not read
: all of ITAR myself, so I could be totally wrong...

There is nothing in U.S. law that prohibits anyone from using a
cryptographic product, much to the frustration of the NSA, FBI, etc.
That is why they try to forbid speaking about it by pretending that
communication of information is exporting something.  There is a law
that forbids exporting munitions without a license and that is the
basis for the ITAR regulations.

The funny thing is that a law forbidding the use of cryptography just
might be constitutional--though I, for one, am convinced that it would
not be--while forbidding communication of information about
cryptography without a license is a blatant violation of the First
Amendment of the United States constitution.

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