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1996-12-30 - Export proposal

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From: nobody@huge.cajones.com (Huge Cajones Remailer)
To: cypherpunks@toad.com
Message Hash: 4185e279a86ed638126098ccd08439426517f4931e79355de671f6ada465527b
Message ID: <199612300502.VAA08094@mailmasher.com>
Reply To: <32cc13c3.83442324@kdn0.attnet.or.jp>
UTC Datetime: 1996-12-30 05:02:57 UTC
Raw Date: Sun, 29 Dec 1996 21:02:57 -0800 (PST)

Raw message

From: nobody@huge.cajones.com (Huge Cajones Remailer)
Date: Sun, 29 Dec 1996 21:02:57 -0800 (PST)
To: cypherpunks@toad.com
Subject: Export proposal
In-Reply-To: <32cc13c3.83442324@kdn0.attnet.or.jp>
Message-ID: <199612300502.VAA08094@mailmasher.com>
MIME-Version: 1.0
Content-Type: text/plain


> " Note to paragraphs (b)(2) and (b)(3) of this section: A printed
> book or other printed material setting forth encryption source code
> is not itself subject to the EAR (see Sec. 734.3(b)(2)). However,
> notwithstanding Sec. 734.3(b)(2), encryption source code in
> electronic form or media (e.g., computer diskette or CD ROM) remains
> subject to the EAR (see Sec. 734.3(b)(3))."

What this means is that the government is afraid that a ban on printed
material would be considerably more difficult to uphold in court.
It's far easier for them to argue that a floppy disk is a mechinism
presenting a clear and present danger than it would be to argue the
same for a book.

So why don't we take this debate where the Government least wants to
fight it--the realm of printed matter.  Someone should start a crypto
export business that takes crypto source code, prints it, and mails it
overseas where someone else scans the source code and deliveres it in
electronic form to a recipient.

We could some important crypto source code (for example some of the
IPv6 IPsec stuff being developed domestically), print it, export it
(legally), scan it, and then distribute it overseas.  If we repeat
this process enough, it will first cause a lot of useful crypto
software to be exported legally from the US.

Then, when the govenrment wants to stop this, they will be forced to
place a prior restraint on publication of printed technical pamphlets,
which is exactly the restriction they don't want to be stuck
defending.

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