From: "Mullen Patrick" <Mullen.Patrick@mail.ndhm.gtegsc.com>
Date: Wed, 4 Dec 1996 11:06:14 -0800 (PST)
To: "Michael C Taylor (CSD)" <mctaylor@olympus.mta.ca>
Subject: RE: new mailing list & ITAR
Message-ID: <n1362414138.14155@mail.ndhm.gtegsc.com>
MIME-Version: 1.0
Content-Type: text/plain


==========>
_______________________________________________________________________________
From: Michael C Taylor (CSD) on Wed, Dec 4, 1996 13:54

On Tue, 3 Dec 1996, Dr.Dimitri Vulis KOTM wrote:

> Meta-question: if someone posts strong crypto source code to the
> moderated mailing list, can the moderator(s) be prosecuted under ITAR?

The moderator would not prosecuted if the moderator & host machine wasn't 
located in USA and not a USA citizen and if the post was not from USA. 

The poster may be a target if located inside USA or a USA citizen. The 
moderator might be prosecuted if the post originated inside USA or went 
through USA to be exported outside USA & Canada.

Welcome to the rest of the world.

----
Michael C. Taylor <mctaylor@mta.ca>
Programmer, Mount Allison University

<==========

Wouldn't this be the case only if it was a *moderated* list?  If it's 
moderated, the list operator becomes a _publisher_ and is responsible for
it's content.  If it's *unmoderated*, the list operator is a _distributor_
and therefore not responsible for the content his medium provides.  Just 
like how a bookstore isn't responsible for the contents of the books; the
publishers/authors are.  (Well, public opinion may drive a store out of 
town, just like public opinion may kill a listserv...)

My apologies if I'm behind in the times and this decision no longer stands.

PM

#include <standard_disclaimer>
Spyjure@comports.com
http://www.netforward.com/comports/?Spyjure  
Crypto-Anarchy-Security esp. WRT Linux
<It's getting there, anyway...  Work's been taking
 up too much time to update the site as often as I wish>