1996-12-30 - New crypto regulations

Header Data

From: gt@kdn0.attnet.or.jp (Gemini Thunder)
To: cypherpunks@toad.com
Message Hash: cd7fddb25e27df05d86984c757e9fb58f81c13640b75ee4ec6e29aa8ba454c25
Message ID: <32cc13c3.83442324@kdn0.attnet.or.jp>
Reply To: N/A
UTC Datetime: 1996-12-30 01:06:55 UTC
Raw Date: Sun, 29 Dec 1996 17:06:55 -0800 (PST)

Raw message

From: gt@kdn0.attnet.or.jp (Gemini Thunder)
Date: Sun, 29 Dec 1996 17:06:55 -0800 (PST)
To: cypherpunks@toad.com
Subject: New crypto regulations
Message-ID: <32cc13c3.83442324@kdn0.attnet.or.jp>
MIME-Version: 1.0
Content-Type: text/plain

Concerning the new crypto regulations:

" 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))."

This is a big question for me.  How does the fact that the same exact
information, when stored on magnetic media, cause it to lose its
freedom of press protection?

Has magnetic media never been tested in court for freedom of press
applicability?  What are the laws that outline the differences between
magnetic media and printed media?  Specifically, the one(s) that
permit the non-protection of magnetic media?

Does this mean that if a journal published an article on some strong
non-key escrow encryption algorithm that included source code, it
could not later offer that same article on a CD-ROM collection?  or
provide that same source code online?