From: Toto <toto@sk.sympatico.ca>
Date: Tue, 14 Jan 1997 00:15:10 -0800 (PST)
To: Ian Goldberg <iang@cs.berkeley.edu>
Subject: Re: New US regs ban downloadable data-security software
In-Reply-To: <199701140145.RAA07183@cypherpunks.ca>
Message-ID: <32DB5BC2.2882@sk.sympatico.ca>
MIME-Version: 1.0
Content-Type: text/plain


Ian Goldberg wrote:
> Although, as Lucky pointed out, virus checkers et al. are indeed regulated
> for export from the US, and putting software up for ftp or WWW is considered
> export, the EAR does _not_ apply to "publicly available" software
> (732.2(b)(1)).  Software is publicly available "when it is available for
> general distribution either for free or at a price that does not exceed
> the cost of reproduction and distribution" (734.7(b)).
> 
> Therefore, it would seem that, as long as the security software on your ftp
> or WWW site is free of cost, it is OK to keep it there.  Commercial
> security software, however, remains export-restricted.

  I can't believe that there's no one taking advantage of this to make a
'shareware' version of their software available, and having available, 
for export and sale, an 'enabler' to bring it to full functionality.
  I know that this was done in the past, by several small companies in
southern California, but perhaps on a larger issue, such as this, the
Feds would slam the door quickly on what they would surely regard as
a 'loophole'.