From: dlv@bwalk.dm.com (Dr. Dimitri Vulis)
Date: Sun, 11 Feb 1996 23:52:18 +0800
To: cypherpunks@toad.com
Subject: Re: Regulation of citizen-alien communications (Was: Choices)
In-Reply-To: <ad42ecfe46021004d742@[205.199.118.202]>
Message-ID: <41X5iD1w165w@bwalk.dm.com>
MIME-Version: 1.0
Content-Type: text/plain


tcmay@got.net (Timothy C. May) writes:
> >> Gov does have the right (in fact the duty) to regulate communications
> >> between citizens and non-citizens/sites in other lands
> >
> >(not wishing to start a flamewar) Why do you think so ?
>
> It isn't so. There are no restrictions, regulations, rules, or guidelines
> about communicating with non-citizens/sites. None. No permits are needed,
> no forms have to be filled out, no government offices have to be visited to
> explain one's reasons for communicating with a non-citizen.
>
> Just pick up the phone, or type a message in your computer, or whatever. We
> citizens of the U.S. do it many times a day.
>...
[trading w/ the enemy act & espionage]

I strongly disagree.

Defense Trade Regulations, Section 120.10 - Export -- permanent and temporary.

 Export means:

 (4) Disclosing or transferring technical data to a foreign person, whether
 in the United States or abroad;

A foreign person is defined in S 120.11, and means anyone who's not a U.S.
citizen. Technical data is defined in S 120.33

 (d) Information, other than *software* as defined in 120.23(c), which is
 required for the design, development, ... maintenance or modification of
 defense articles. This includes, for example, information in the form of
 blueprints, drawings, photographs, plans, instructions and documentation.
 This also includes information that advances the state of the art of articles
 on the U.S. Munitions List. This definition does not include information
 concerning general scientific, mathematical or engineering principles
 commonly taught in schools, colleges and universities. It also does not
 include basic marketing information on function or purpose or general
 system description of desense articles.

And we all know that Part 121 - The United States Munitions List - has
Category XIII -- Auxiliary Military Equipment

 (b) Speech scramblers, privacy devices, cryptographic devices and software
 (encoding and decoding), and components specifically designed to be modofied
 therefore, ancillary equipment, and protective apparatus specifically
 designed or modofied for such devices, components, and equipment.

As I read it, a college professor might get busted for explaining his own new
crypto research to a class where some students happen not to be U.S. citizens.

Of course we all know this already. Just some U.S. people prefer to ignore the
mote in their own eye and to fight censorship in exotic remote developing
countries. Do you remember how U.S. Gov't tried to prevent the publications of
research papers on zero-knowledge proofs?

---

Dr. Dimitri Vulis
Brighton Beach Boardwalk BBS, Forest Hills, N.Y.: +1-718-261-2013, 14.4Kbps