Path: utzoo!utgpu!news-server.csri.toronto.edu!rutgers!att!tut.cis.ohio-state.edu!ucbvax!hoptoad!gnu
From: gnu@hoptoad.uucp (John Gilmore)
Newsgroups: comp.unix.internals
Subject: Re: DES export regulations.  And what to do about it!
Message-ID: <14475@hoptoad.uucp>
Date: 2 Jan 91 04:49:11 GMT
References: <1990Dec28.174028.27445@news.cs.indiana.edu> <8588@uwm.edu>
Organization: Cygnus Support, Palo Alto
Lines: 43


    I) Does this mean that Dr. Dobb's is now an "export restricted" item,
       and thus can not be mailed to any non-US subscribers?

No, it's even more bizarre than that.  It's OK to publish and export a
description of DES on paper, but not OK to export "software" that
implements it.  Is a listing of a program on paper "software"?  Ask the
Office of Munitions Control, they implement this particular export
regulation.  (Yes, they think cryptography is a munition.  Yes, they
are serious.  Yes, they are stupid.  See below.)

   II) Does this now mean that Comp-U-Serv must restrict non-US subscriber
       access?

Doubtful.  The act of transferring the program out of the country would
be made by the subscriber, not the service.  I think it's pretty well
established that if I instruct a computer to break the law, it is I that
is at fault, and not the owner of the computer.

If you think that this state of affairs [the export control nonsense
about DES] is a problem, here is a good person to write to in the
goverment:

	Bill Clements
	Office of Technology and Policy Analysis
	Bureau of Export Administration
	US Department of Commerce
	Room 4069-A
	14th & Constitution Avenues, NW
	Washington, DC  20230

A copy to Larry Christensen in the General Counsel's Office, Room 3327,
would help.  I explained a bunch of things about encryption and export,
and how it is in the real world to Larry, and his response was "Your
government needs to know this stuff!".  *Your* letter will help!

The Commerce Dept. is trying to wrest control of crypto export away from
the State Department (Office of Munitions Control), but they need support
from the users.  If they can wave a hundred letters in their face, from
computer experts and users, that helps a lot.
-- 
John Gilmore      {sun,pacbell,uunet,pyramid}!hoptoad!gnu        gnu@toad.com
Just say no to thugs.  The ones who lock up innocent drug users come to mind.