From: Tim May <tcmay@got.net>
Date: Fri, 2 May 1997 13:48:55 +0800
To: cypherpunks@cyberpass.net
Subject: "restrict technical assistance by U.S. persons with respect toencryption"
In-Reply-To: <tcmay@got.net>
Message-ID: <v03007809af8f34477b82@[207.167.93.63]>
MIME-Version: 1.0
Content-Type: text/plain


At 3:09 PM -0800 5/1/97, Anil Das wrote:
>On May 1, 11:40am, Tim May wrote:
>>
>> I'm no expert in these areas, but doesn't this consitute "providing hooks"
>> for strong crypto? The EARs say that a "hook" for inserting crypto modules
>> once a product is exported are essentially as bad as providing the crypto
>> before the product is exported.
>
>	If the EAR says that, I would like to have a reference to
>the section, please, so I can look it up at jya.com. I am not
>saying it is not there, just that I haven't seen it, and I would
>like to see what the exact language is.

I hate it when people ask me to go dig up stuff...as I often end up wasting
my time doing it, instead of telling them to use their own search tools.

(It might be different if details like this were at my fingertips, sort of
like someone asking, "Is it true that Darwin wrote a book? Anyone know the
name of it?" As the export laws are long and complicated, finding things is
not easy.)

But it may have been worth it. While stupidly searching the EARs with my
tools, I found this little gem:

PART 730--[AMENDED]

    8. Section 730.5 is amended by adding a new sentence to the end of
paragraph (d) to read as follows:

Sec. 730.5  Coverage of more than exports.

* * * * *
    (d) * * * The EAR also restrict technical assistance by U.S.
persons with respect to encryption commodities or software.


[end quote]

This from http://jya.com/bxa123096.txt

I'm not sure what it means for Sameer and C2net, but were I him I'd have
some experts in this area look into whether _anything_ being done at C2net
could be construed as providing technical assistance.

And I seem to recall some saying these kinds of EAR restrictions were
linked to nuclear weaons...in fact, just today Lucky wrote: "I you read
744.6 EAR you will find the the provisions cited below only apply to nukes
and missiles, not crypto." I'm not sure what 744.6 is all about, but the
section quoted above pretty clearly says that providing technical
assistance with respect to crypto is covered.

Meanwhile, I didn't find the term "hook" mentioned in this particular URL.
But there have been many discussions of this, vis-a-vis the situation of
removing crypto from a product to get export approval and having a method
of adding crypto abroad. "Insert crypto hooks here" is treated as if the
program had crypto all along.

Anil, you'll have to do the research on where in the vast amount of stuff
on the EARs, the Munitions List, the CCL, etc. this is spelled out. I'm
done for the evening.

--Tim May, who makes a May Day promise to himself not be gulled into doing
clerking for others



There's something wrong when I'm a felon under an increasing number of laws.
---------:---------:---------:---------:---------:---------:---------:----
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."