From: Ian Goldberg <iagoldbe@csclub.uwaterloo.ca>
Date: Tue, 5 Sep 95 12:46:19 PDT
To: cypherpunks@toad.com
Subject: Re: Wearing RSA shirt to school
Message-ID: <199509051946.PAA03230@calum.csclub.uwaterloo.ca>
MIME-Version: 1.0
Content-Type: text/plain


OK, I'm confused.  Is it or is it not legal to disclose cryptology to
a foreigner?  T.C.May (I think it was; sorry if I misremember this) posted
a couple of days ago that it _was_ legal (citing that textbooks are not
stopped from being published internationally).

Perhaps this is just because the publishers of these texts never applied
for an export license (maybe)?  I was reading Bernstein vs. US Dept. of
State, et al. (http://pgp.ai.mit.edu/~bal/legal/complaint-950221.html),
and found this:


G.  RESULT OF DEFENDANTS' REJECTION OF PLAINTIFF'S CJ REQUEST
    71.  Plaintiff's scientific paper, algorithm and computer program are
speech protected by the First Amendment to the United States Constitution.
Thus, by rejecting Plaintiff's CJ Request, Defendants have determined that
these items are "defense articles or defense services" which may not be
exported without submitting to the above-described prior restraints.  Since
Defendants define "export" to include disclosing or transferring cryptology
to a foreign person anywhere in the world, including within the United
States, Plaintiff is informed and believes and therefore alleges that he is
required by law to obtain a license to publish or publicly discuss any of
the Items whether within or outside the United States.
    72.  Plaintiff is presently unable to publish his scientific paper,
algorithm or computer program within or outside the United States.  The
only reason preventing publication is the threat of prosecution for an
illegal export if he does so without a license.
    73.  To this date, Plaintiff has not received a response to his
appeal or a license to publish his paper, algorithm, or computer program
and as a result, he has not published the Items.


So it seems to me (at least according to the Plaintiff (EFF, I guess)),
that the ITAR regulations _do_ restrict publication and public discussion
of cryptology.

   - Ian "and why is Canada considered part of the US for this?"