From: M Taylor <mctaylor@privacy.nb.ca>
Date: Tue, 8 Sep 1998 05:41:45 +0800
To: jkthomson <jkthomson@bigfoot.com>
Subject: Re: request for [cdn] export laws.
In-Reply-To: <3.0.3.32.19980905160024.0070f7c0@dowco.com>
Message-ID: <Pine.LNX.3.95.980907181430.12925A-100000@privacy.nb.ca>
MIME-Version: 1.0
Content-Type: text/plain



On Sat, 5 Sep 1998, jkthomson wrote:

> I have been looking for the export restrictions (if any) that regulate
> canadian encryption products.  I have tried searching the net for a little
> while, and although I have found a few (contradictory) blurbs on it, I have
> found no 'official' documents or links to them.  does this information
> exist on the web, and if not, who would be the best department to ask so
> that I get the least red-tape or 'runaround'?
> 
>  james 'keith' thomson <jkthomson@bigfoot.com>  www.bigfoot.com/~ceildh

Yes Canada has export restrictions, which are handled by the Department of
Foreign Affairs and International Trade (DFAIT). The particular act you
should be interested in is the "Export and Import Control Act of Canada."
The DFAIT freely distributes "A Guide to Canada's Export Controls" which
was updated in 1996, and is available from the International Trade Centers
of the Gov't of Canada, see the blue pages in your phone book.

Excerpts from the Export Control List of Canada 
<http://axion.physics.ubc.ca/ECL.html> outline the regulations relating to
'Information Security' which includes encryption.

Encryption software may fall under the "General Software Note":
------------
This List does not embargo "software" which is either:

a.Generally available to the public by being: 
  1.Sold from stock at retail selling points, without restriction, by
  means of: 
    a.Over-the-Counter transactions; 
    b.Mail order transactions; or 
    c.Telephone call transactions; and 
  2.Designed for installation by the user without further substantial
  support by the supplier; or 
b.In the public domain". 

>From the definitions of pp 49-55

"In the public domain" 
  As it applies to the International Lists, means "technology" or 
"software" which has been made available without restrictions upon its
further dissemination.
N.B.
Copyright restrictions do not remove "technology" or "software" from being
"in the public domain". 
------------

Further references:
 Canadian Cryptography Page
 http://fractal.mta.ca/crypto/

 Canada's export controls by Marc Plumb <mp@the-wire.com> 
 http://www.efc.ca/pages/doc/crypto-export.html

 Excerpts from the Export Control List of Canada by W. G. Unruh
<unruh@physics.ubc.ca> 
 http://axion.physics.ubc.ca/ECL.html

 Department of Foreign Affairs and International Trade
 http://www.dfait-maeci.gc.ca/
 (I have yet to find anything of use from the DFAIT site)

 Cryptography / Cryptographie Industry Canada
 http://strategis.ic.gc.ca/crypto
 (talk about the idea of changes to current policy)

 International Crypto Law Survey, by Bert-Jaap Koops 
 http://cwis.kub.nl/~frw/people/koops/lawsurvy.htm

 Canadian Export Controls on Encryption Products and Technology by Stewart
A. Baker and Michael D. Hintze
 http://www.steptoe.com/encryp.htm


--
M Taylor   mctaylor@  /  glyphmetrics.ca | privacy.nb.ca