From: Scott Brickner <sjb@universe.digex.net>
Date: Fri, 13 Oct 95 14:44:08 PDT
To: Vincent Cate <vince@offshore.com.ai>
Subject: Re: Anguilla Cypherpunks Meeting
In-Reply-To: <Pine.3.89.9510131128.A6667-0100000@offshore.com.ai>
Message-ID: <199510132142.RAA18581@universe.digex.net>
MIME-Version: 1.0
Content-Type: text/plain


Vincent Cate writes:
>On Fri, 13 Oct 1995, Michael Froomkin wrote:
>> On Thu, 12 Oct 1995, Vincent Cate wrote:
>> > If while you are outside the USA you want to write some software that uses
>> > encryption and sell it worldwide, let me know.  I could put you up while
>> > you wrote it and my company could sell it for share of the selling price. 
>> > Let me know what you are thinking of and how long you think it would take.
>> 
>> Of course if you are a US person (citizen or green card holder) this is 
>> just as much a violation of the ITAR than if you did it from inside the US..
>.
>> 
>> A. Michael Froomkin        | +1 (305) 284-4285; +1 (305) 284-6506 (fax)
>> Associate Professor of Law | 
>
>Yes, I am still a US citizen, so far. 
>
>The corporation I work for is a legal entity of Anguilla.  I would not
>personally be selling it, the corporation would.  Do you think that is ok? 

The violation is in the *export*, not the sale.  You're suggestion is
that the US person developing software outside the country evades ITAR.
Mr Froomkin suggests otherwise.  His credentials seem sounder, but I,
for one, would like to hear his reasoning.

If it's true that ITAR makes such behavior illegal, then ITAR not only
inhibits freedom of speech, it inhibits freedom of *thought*.