From: Michael Froomkin <froomkin@law.miami.edu>
Date: Sat, 13 Jul 1996 14:47:00 +0800
To: "Mark M." <markm@voicenet.com>
Subject: Re: Can the inevitability of Software privacy be used to   defeat the ITAR?
In-Reply-To: <Pine.LNX.3.94.960712130335.171A-100000@gak>
Message-ID: <Pine.SUN.3.94.960712211853.13922F-100000@viper.law.miami.edu>
MIME-Version: 1.0
Content-Type: text/plain



Hey folks, let's be real clear about this:

The ITAR do NOT apply to books.

Repeat:

The ITAR do NOT apply to books.   

On Fri, 12 Jul 1996, Mark M. wrote:
[...]
> This isn't quite analogous to the original problem of a software company making
> good-faith efforts to prevent a program from being exported.  AFAIK, MIT did
> not try to prevent the book from being exported (of course, the State
> Department never did approve or deny their request to export the book).  Sandia

State told Karn that it did not have jurisdiction over books.

> could claim that MIT came very close to violating ITAR, but the same claim

"The ITAR do not apply to books"

> could not be made if the issue was a software program which was
> export-controlled.

A. Michael Froomkin        | +1 (305) 284-4285; +1 (305) 284-6506 (fax)
Associate Professor of Law | 
U. Miami School of Law     | froomkin@law.miami.edu
P.O. Box 248087            | http://www.law.miami.edu/~froomkin
Coral Gables, FL 33124 USA | It's hot here.  And humid.