1995-12-06 - Re: Solution for US/Foreign Software?

Header Data

From: tcmay@got.net (Timothy C. May)
To: cypherpunks@toad.com
Message Hash: 196080b8f570cd2b6fafc3ef71245df2ca4171de70e1c8a22544237377efb344
Message ID: <aceb04e0120210040cd0@[205.199.118.202]>
Reply To: N/A
UTC Datetime: 1995-12-06 16:29:13 UTC
Raw Date: Wed, 6 Dec 95 08:29:13 PST

Raw message

From: tcmay@got.net (Timothy C. May)
Date: Wed, 6 Dec 95 08:29:13 PST
To: cypherpunks@toad.com
Subject: Re: Solution for US/Foreign Software?
Message-ID: <aceb04e0120210040cd0@[205.199.118.202]>
MIME-Version: 1.0
Content-Type: text/plain


At 8:06 AM 12/6/95, jim bell wrote:

>>"Crypto hooks," basically the scheme you are proposing, were thought of by
>>the authorities and are not a bypass of the crypto export laws.
>>--Tim May
>
>
>I'm not saying they are a "bypass" of the laws.  Rather, I'm saying that
>if the goal is to:
>
>1.  Let companies like Netscape make foreign sales.
>
>2.  Still comply with the letter of the law.
>

And I'm saying that your proposal does NOT comply with the letter of the
law. There's no point in arguing this, as the facts are clear. Consult the
ITARs and the previous discussions here and elsewhere on the practice of
leaving "hooks" that crypto modules can later be attached to.


>If the USG tries to take the position that "any program which can be
>modified into another program that gets around GAK is prohibited from
>export," then they're going to have to stop allowing the export of
>pre-formatted floppy disks because they're likewise an XOR away from PGP.
>
>So we're back to square one:  Does the USG intend to allow ANY programs to
>be exported?

No, the USG has not (yet at least) prohibited export of blank programs or
disks. The "no hooks" rule has some ambiguities, but is by no means quite
this dumb.

All I'm saying is that you need to look at what the laws are, and how they
have affected existing products and companies, before announcing a
"solution."

--Tim May

Views here are not the views of my Internet Service Provider or Government.
---------:---------:---------:---------:---------:---------:---------:----
Timothy C. May              | Crypto Anarchy: encryption, digital money,
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Corralitos, CA              | knowledge, reputations, information markets,
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