Relay-Version: version B 2.10 5/3/83; site utzoo.UUCP Path: utzoo!mnetor!uunet!husc6!mit-eddie!ll-xn!ames!ucbcad!ucbvax!arc.CDN!richmond From: richmond@arc.CDN (charlie richmond) Newsgroups: comp.society.futures Subject: UUCP to RUSSIA, Exporting Freeware Message-ID: <154*richmond@arc.cdn> Date: Fri, 23-Oct-87 16:48:33 EST Article-I.D.: arc.154*richmond Posted: Fri Oct 23 16:48:33 1987 Date-Received: Sun, 25-Oct-87 17:45:49 EST Sender: daemon@ucbvax.BERKELEY.EDU Organization: The ARPA Internet Lines: 49 Joseph S. D. Yao , writes: >Interesting point. Many people write "freeware" or "shareware" these >days that is given away freely. Since it's not commerce to not-sell >something, commercial export bans really can't apply. (Can they? I'm >not a lawyer, but this seems to fit into a legal nicety.) What will >the government do when some 7-year-old hacker writes a DES system and >puts it on a free BBS? Yes, indeed, those export controls can apply. Our province (Alberta) has a scientific exchange agreement with a counterpart in China, and our corporation sometimes allows Chinese engineers to return with some of the technology (gratis) they developed during their one year tenure with us (seems fair and is a nice "diplomatic" gesture). We discovered after a few calls to Ottawa exactly how scrupulous we need be in such matters [paraphrase of regulations follows]: Under the Export and Import Permits Act, export permits are required for a wide range of strategic goods and technologies as identified on the Export Control List (ECL). Additionally, permits are required for shipment of most goods to countries in the Area Control List (ACL). Failure to obtain an export permit when required may result in prosecution and penalties under the Act. [and these can be heavy] These controls are based on national security considerations and are actually determined on an international basis. Canada along with its NATO partners [so you guys south of the border are included in identical regulations] AND Japan [obviously!] participates in an a Coordinating Committee (COCOM) whose purpose is to maintain multilateral controls on the shipment of military and strategic goods and technologies to proscribed destinations. The issue is clearly strategic, NOT economic (certainly the average vendor wouldn't mind access to that extra one-third of the world); the fact that we wish to export technology as a GIFT is not pertinent under the Act. I rather suspect a defense based on "freeware" would not mitigate penalties greatly! Charlie Richmond richmond@ARC.CDN Alberta Research Council P.O. BOX 8330, Stn F Edmonton, Alberta, CANADA T6H 5X2 Note: I am not a member of the Bar of Alberta and the opinions expressed are personal only based on lay reading of the Act and regulations pursuant; nor do these opinions necessarily represent those of my employer.