From: s1018954@aix2.uottawa.ca
Date: Fri, 13 Oct 95 15:40:31 PDT
To: Brad Shantz <bshantz@nwlink.com>
Subject: Re: Exporting Mental States
In-Reply-To: <9510132031.AA10823@toad.com>
Message-ID: <Pine.3.89.9510131709.B15249-0100000@aix2.uottawa.ca>
MIME-Version: 1.0
Content-Type: text/plain




On Fri, 13 Oct 1995, Brad Shantz wrote:

> I just arrived in Ottawa, Canada from Seattle, USA.  I had sort of 
Wellcome to Ottawa.

> Anyway, i got to customs in Ottawa, and they asked me if I had 
> anything to declare.  I immediately thought, "Should I tell them 
> about the notebook?"  I decided against it.  How does export of 
> intellectual property work?

Don't worry about it, Canada's not even a foreign country according to ITAR.
If you have pgp on that machine, you haven't exported it, but it's still 
covered by export controls.

We pretty much have exactly the same export restrictions on US origin 
software, but if it comes from anywhere else (including Canada of course)
it can be exported without a permit to all but four countries (iran, cuba
and two others) and cannot be exported at all to UN embargoed countries
(bosnia, iraq, angola...). Since none of these have good net access, it's 
not much of a prob. The issue of whether ftp is an export hadn't resolved 
when I asked, and there might be a headache regarding US intellectual property 
and that US origin problem. 

So basically you can't export pgp, nautilus, rsaref..., but if they were 
rewritten from the ground up in Canada and put on the net, you *might* be 
ok. (that ignores the last issue, so ask Foreign Affairs and maybe a lawyer 
first, though I really can't see how a public domain idea can have a 
nationality)

ElGamal and IDEA would be completely without problems as they are not 
even American intellectual property.

Of course, I'm not a lawyer, and the gov has no obligation to agree with 
the advice of its own employees.

If you're interested I could mail you the address and phone no. of the export
controls division of external affairs. The policy officer was rather 
helpful. They also have a big booklet on export controls.

If you plan on going over, might as well ask about the American 
citizenship problem that's come up in the Anguila thread. Sounds very funny.
(of course that would say nothing about the US State Dept's opinion on it)