Path: utzoo!utgpu!attcan!uunet!lll-winken!lll-lcc!ncis.llnl.gov!helios.ee.lbl.gov!nosc!ucsd!orion.cf.uci.edu!balboa.eng.uci.edu!dlawyer
From: dlawyer@balboa.eng.uci.edu (David Lawyer)
Newsgroups: comp.misc
Subject: Re: USSR International Computer Club (was: Information on the ICC)
Summary: Export license granted to the net to export software to the USSR
Message-ID: <1346@orion.cf.uci.edu>
Date: 21 Jan 89 00:20:22 GMT
References: <10127@well.UUCP> <1315@orion.cf.uci.edu> <810@afit-ab.arpa> <10870@umn-cs.CS.UMN.EDU> <824@afit-ab.arpa> <1560@cps3xx.UUCP> <825@afit-ab.arpa>
Sender: news@orion.cf.uci.edu
Reply-To: dlawyer@balboa.eng.uci.edu.UUCP (David Lawyer)
Organization: University of California at Irvine.  Electrical Engineering
Lines: 36

In article <825@afit-ab.arpa> wbralick@blackbird.afit.af.mil (William A. Bralick) writes:
>>
>)>Once again, how do you prevent object and source code from being exported
>)>to the Soviet Union?  This is export-controlled technology.  Anything
>)>that can be done to raise the Soviet's cost of acquiring said technology
>)>is a good thing.  The only exception is that if the government decides 
>)>that the Soviet Union should have certain technology, or free access to
>)>technology in general, then the formation of a group can be done in
>)>accordance with USENET rules.

I just checked the laws regarding export of software to the USSR et. al.
It's covered in the "Code of Federal Regulations" vol. 15: "Commerce and
Foreign Trade" in Part 379 "Technical Data".  "Technical Data" includes
software.

Everyone who posts software on the net is exporting software.  According
to Part 379.1: "export" includes "any release of technical data ...
with the knowledge ... that the data will be ... transmitted from the
United States to a foreign country."  Every such posting requires a
license per 379.2.

But such a license has been already granted per 379.3.  It is known as
a General License and it has been "hereby" granted for exports
resulting from net postings since they are "data that have been made
generally available to the public in any form ..."  Thus since the net
already has a General License to export software to all destinations
(including ones on which even more restrictions have been placed such
as Cuba) there is no illegality of connecting sites in the USSR to the
net or of posting software to the net which will go to the USSR
(provided that the posting of the software is otherwise legal).

The relations between the US and and USSR are rapidly improving and I
think that the US government would encourage East-West exchanges via
computer networks including exchanging software.  Exchanges of software
is a two (or multi) way street and we should expect the Soviets to post
their fair share of contributions of software to the net.