From: geeman <NOSPAM-geeman@best.com>
Date: Fri, 2 May 1997 23:49:30 +0800
To: Declan McCullagh <cypherpunks@toad.com
Subject: Re: unSAFE
Message-ID: <3.0.32.19691231160000.006bbf9c@best.com>
MIME-Version: 1.0
Content-Type: text/plain


comment, though, on this caveat in the paragraphs you indicate:

   "(2) ITEMS NOT REQUIRING LICENSES. ...
(but only to the extent that the authority of such Act is not exercised to
extend controls imposed
    under this Act) .... "

Seems to me that it says "the administration can still control xyz under
the EAA, TWE, EEP, etc but not if such control extends the controls defined
under HR695 SAFE"

Looks like language to assuage the powers that be, while it creates
AMBIGUITY and the need for interpretation (AKA court intervention) when
some administration tries to overstep it's bounds.  I don't think that's
necessarily bad, since legislation has never existed that is ironclad 
anyway: it's always subject to some runaway Attorney General getting weird,
as we have seen plenty of times.

<usual caveats go here> 


At 05:34 AM 5/2/97 -0700, Declan McCullagh wrote:
>
>
>---------- Forwarded message ----------
>Date: Fri, 2 May 1997 01:04:17 -0400
>From: Michael Sims <jellicle@inch.com>
>To: fight-censorship@vorlon.mit.edu
>Cc: Jonah Seiger <jseiger@cdt.org>, abd@cdt.org, Tim May <tcmay@got.net>,
>    declan@well.com
>Subject: unSAFE
>
>Well, I've read Mr. Davidson's defense of the SAFE bill and of course 
>Mr. May's earlier argument against it.  A few more comments.
>
>
>Both analyses (all analyses I've seen) ignore this little fun fun 
>tidbit below:
>
><--QUOTE-->
>
>(a) AMENDMENT TO EXPORT ADMINISTRATION ACT OF 1979. -- Section 17 of
>the Export Administration Act of 1979 (50 U.S.C. App. 2416) is amended
>by adding at the end thereof the following new subsection: 
>
>"(1) GENERAL RULE.--Subject to paragraphs (2), (3), and (4), the
>Secretary shall have exclusive authority to control exports of all
>computer hard ware, software, and technology for information security
>(including encryption), except that which is specifically designed,
>or modified for military use, including command, control, and
>intelligence applications. 
>
>"(2) ITEMS NOT REQUIRING LICENSES. -- No validated license may be
>required, EXCEPT PURSUANT TO THE TRADING WITH THE ENEMY ACT OR THE
>INTERNATIONAL EMERGENCY ECONOMIC POWERS ACT (but only to the extent
>that the authority of such Act is not exercised to extend controls
>imposed under this Act), for the export or reexport of 
>
>....
>
>(b) CONTINUATION OF EXPORT ADMINISTRATION ACT.-For purposes of
>carrying out the amendment made by subsection (a), the Export
>Administration Act of 1979 shall be deemed to be in effect.
>
><--/QUOTE-->
>
>{emphasis added, EXCEPT....ACT}
>
>
... etc ...