From: "Peter D. Junger" <junger@pdj2-ra.F-REMOTE.CWRU.Edu>
Date: Thu, 14 Mar 1996 08:50:12 -0500
To: Cypherpunks <cypherpunks@toad.com>
Subject: Re: Crypto Exposure
In-Reply-To: <199603130737.XAA22803@ix15.ix.netcom.com>
Message-ID: <m0twrOM-0004KkC@pdj2-ra.F-REMOTE.CWRU.Edu>
MIME-Version: 1.0
Content-Type: text/plain


Bill Stewart writes:

: >- What if the foreigner actually write crypto code while in
: >the US?  Does he (or the Uni/ISP) violate export restrictions each 
: >time he access the source code or execute his program if they are 
: >stored on a public (Uni/ISP) machine? 
: 
: The foreigner isn't a US person, so he doesn't violate the
: law by reading the code himself.  If the Uni or ISP knows
: that it's providing encryption software to the foreigner,
: it may be liable, but without scienter it's tough to have guilt.
: Probably the foreigner should not keep encryption software on
: University or ISP machines - floppy disks should do just fine :-)

If the foreigner doesn't have a green card he is a foreign person and
allowing himself to read his own code would be disclosing that code to
a foreign person and that is a felony unless he first gets a license
which he can't get because he is a foreign person or a favorable
commodity jurisdiction determination which he can't get without first
reading his code and sending a copy of it to the Office of Defense
Trade Controls.

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