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1995-10-13 - Who is liable under ITAR (was Re: Anguilla Cypherpunks Meeting)

Header Data

From: “Peter D. Junger” <junger@pdj2-ra.F-REMOTE.CWRU.Edu>
To: Cypherpunks <froomkin@law.miami.edu>
Message Hash: 736ec6301d62e2f78904f140690c7ebb9d5b04df18a792add6669ab72a96cde8
Message ID: <m0t3mVR-0004MhC@pdj2-ra.F-REMOTE.CWRU.Edu>
Reply To: <Pine.SUN.3.91.951013102909.29537B-100000@viper.law.miami.edu>
UTC Datetime: 1995-10-13 15:57:42 UTC
Raw Date: Fri, 13 Oct 95 08:57:42 PDT

Raw message

From: "Peter D. Junger" <junger@pdj2-ra.F-REMOTE.CWRU.Edu>
Date: Fri, 13 Oct 95 08:57:42 PDT
To: Cypherpunks <froomkin@law.miami.edu>
Subject: Who is liable under ITAR (was Re: Anguilla Cypherpunks Meeting)
In-Reply-To: <Pine.SUN.3.91.951013102909.29537B-100000@viper.law.miami.edu>
Message-ID: <m0t3mVR-0004MhC@pdj2-ra.F-REMOTE.CWRU.Edu>
MIME-Version: 1.0
Content-Type: text/plain


Michael Froomkin writes:

: 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...

And of course if you are not a US person this is just as much a
violation of the ITAR as if you were a US person.  The ITAR does not
exempt foreign persons from its requirements, though it does make them
ineligible to get a license permitting them to disclose their software
to other foreigners (or even to themselves).

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

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