From: "Timothy C. May" <tcmay@got.net>
Date: Sun, 29 Dec 1996 17:08:25 -0800 (PST)
To: cypherpunks@toad.com
Subject: Re: New crypto regs outlaw financing non-US development
In-Reply-To: <3.0.32.19961228225731.006b3080@netcom13.netcom.com>
Message-ID: <v03007801aeecc5d07561@[207.167.93.63]>
MIME-Version: 1.0
Content-Type: text/plain


This fascist move by the U.S. government is a huge threat to our liberty.
It may be time to simply give up on communicating with these assholes and
give them the treatment they have earned.

At 10:57 PM -0800 12/28/96, Lucky Green wrote:

>Finally, to the big one:

And this a very big one indeed. Not only does it probably put organizations
like C2 out of business, at least in terms of supporting the development of
things like the South African and British Web products, but it also may
mean the *Cypherpunks list itself*, and some of its members, are ipso facto
in violation of this "giving comfort to the enemy" (to paraphrase) language!

>>Sec. 736.2  General prohibitions and determination of applicability.
>>
>>* * * * *
>>    (7) General Prohibition Seven--Support of Certain Activities by
>>U.S. persons--(i) Support of Proliferation Activities (U.S. Person
>>Proliferation Activity). If you are a U.S. Person as that term is
>>defined in Sec. 744.6(c) of the EAR, you may not engage in any
>>activities prohibited by Sec. 744.6 (a) or (b) of the EAR which
>>prohibits the performance, without a license from BXA, of certain
>>financing, contracting, service, support, transportation, freight
>>forwarding, or employment that you know will assist in certain
>>proliferation activities described further in part 744 of the EAR.
>>There are no License Exceptions to this General Prohibition Seven in
>>part 740 of the EAR unless specifically authorized in that part.

This may mean, subject to the usual legal system review (a scapegoat is
targetted, a court case is filed, several years of Zimmermann limbo follow,
etc.), that members of this list may be construed to be engaging in
"certain financing, contracting, service, support, transportation, freight
forwarding, or employment that you know will assist in certain
proliferation activities described further in part 744 of the EAR."

Certainly "support" and "service" of these products. Is giving a user
advice on "Stronghold" now to be a felony? How about PGP, which certainly
has not received export approval? And so on.

This very list advocates violation of the ITARs in various ways (I speak of
"the list" as a person in the sense of the consensus of the list...there
may not be unanimity, but the consensus of the vocal members of the list is
obvious).


It may be time for us to go underground. It may be time to take much, much,
much, much more extreme steps. This fascism is unacceptable.

--Tim May

Just say "No" to "Big Brother Inside"
We got computers, we're tapping phone lines, I know that that ain't allowed.
---------:---------:---------:---------:---------:---------:---------:----
Timothy C. May              | Crypto Anarchy: encryption, digital money,
tcmay@got.net  408-728-0152 | anonymous networks, digital pseudonyms, zero
W.A.S.T.E.: Corralitos, CA  | knowledge, reputations, information markets,
Higher Power: 2^1398269     | black markets, collapse of governments.
"National borders aren't even speed bumps on the information superhighway."