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1995-11-07 - Re: Exporting software doesn’t mean exporting (was: Re: lp ?)

Header Data

From: “Perry E. Metzger” <perry@piermont.com>
To: “Peter D. Junger” <junger@pdj2-ra.f-remote.cwru.edu>
Message Hash: 12c4648d400b70976c1c550c1aef0f04a7dfbf521911d37c0f93a35697c52b6b
Message ID: <199511071753.MAA00375@jekyll.piermont.com>
Reply To: <m0tCngd-0004JWC@pdj2-ra.F-REMOTE.CWRU.Edu>
UTC Datetime: 1995-11-07 18:17:32 UTC
Raw Date: Wed, 8 Nov 1995 02:17:32 +0800

Raw message

From: "Perry E. Metzger" <perry@piermont.com>
Date: Wed, 8 Nov 1995 02:17:32 +0800
To: "Peter D. Junger" <junger@pdj2-ra.f-remote.cwru.edu>
Subject: Re: Exporting software doesn't mean exporting (was: Re: lp ?)
In-Reply-To: <m0tCngd-0004JWC@pdj2-ra.F-REMOTE.CWRU.Edu>
Message-ID: <199511071753.MAA00375@jekyll.piermont.com>
MIME-Version: 1.0
Content-Type: text/plain



"Peter D. Junger" writes:
> : Where the hell did you get that idea? [that the ITAR applies to
> : foreigners abroad].
> 
> >From Section 120.17 of the ITAR which provides:
> 
>  _Export_ means:
> 
>  . . . .
> 
>  (4) Disclosing (including oral or visual disclosure) or transfering
>  technical data to a foreign person, whether in the United States or
>  abroad . . . .

That can't possibly be considered under U.S. law to apply to
foreigners talking to foreigners abroad, and if you are really a
lawyer you should know that the mere fact that the law doesn't mention
its jurisdiction doesn't make it unlimited. The statutes of New York
State say that I can be prosecuted for running a red light. No where
at all do they say that the red light must be in New York State, but I
suspect that it would be completely impossible for the NY State
attorney general to get any court, in New York State or elsewhere, to
hear a case that I violated New York law by running a light in
Turkmenistan.

> Go read the section that I quoted again.  Where is there an exception
> for foreign persons who happen to be abroad?  

Do you actually call yourself a lawyer?

You appear to be ignorant of the most basic facts of our legal system
-- knowledge that I, as a complete layman, am completely comfortable
with. I wouldn't pretend to be able to practice law, but even I can
smell utterly insane readings of the regulations.

Perry

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