Path: utzoo!attcan!uunet!lll-winken!ncis.llnl.gov!helios.ee.lbl.gov!nosc!ucsd!rutgers!apple!desnoyer
From: desnoyer@Apple.COM (Peter Desnoyers)
Newsgroups: comp.misc
Subject: Re: USSR International Computer Club (was: Information on the ICC)
Message-ID: <24594@apple.Apple.COM>
Date: 23 Jan 89 18:08:19 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> <1568@cps3xx.UUCP> <24426@apple.Apple.COM> <833@afit-ab.arpa>
Distribution: na
Organization: Apple Computer Inc, Cupertino, CA
Lines: 58

In article <833@afit-ab.arpa> wbralick@blackbird.afit.af.mil (William A. Bralick) writes:
>In article <24426@apple.Apple.COM> desnoyer@Apple.COM (Peter Desnoyers) writes:
>>
>> [conserving bandwidth...]
>>
>>IT DOESN'T
>>MATTER if news is posted to the Soviet Union or not. If you publish
>>something freely to the public (i.e. in a journal, newspaper, or
>>USENET) that is export-controlled, you are in violation of the law.
>>Period. (unless it is a classified journal.)
>
>I am not a lawyer, but I do know the difference between classified 
>information (and hardware) and [software/hardware that is
>export-controlled.] <- may be misquoted - line noise ate the original.

I did not intend to confuse the two. I'm sorry if I was not clear.

> On the other hand this ... (or
>British citizen, for example) can purchase a Vax 8650 (tm) with a
>DEC Ada compiler -- no problem.

Yes, you do have to worry about export control laws when selling to
Britain. The only difference between selling to the U.K. and the S.U.
that I know of is that the forms come back stamped "approved". If you
consider the effort involved to be "no problem", I beg to differ.
[Note - I have not personally dealt with export control laws - just
listened to colleagues bitch.]

>I am not sure about broadcasting (not publishing) the export-controlled
>information.

I am sure that it is illegal to publish export-controlled information.
This information comes from the IEEE Institute, where they have for a
while been chronicling their efforts to prevent censorship in the
guise of export control. It is debatable whether USENET is the
equivalent of publishing or broadcasting, but for these purposes I am
sure the distinction is moot.  

>>
>>Therefore, any activities that will be illegal on USENET under export
>>control laws after Soviet sites are connected are already illegal. 
>
>This is not clear.  It looks like an opinion.  Does anybody have an
>informed legal opinion on this matter?
>

It seems pretty clear to me. If it is illegal to publish
export-controlled information (it is) then it would be an odd loophole
if you could post it to USENET. Of course, we could always ask Mr.
Bralick to post it for us, as he is evidently ignorant of these laws. 

(perhaps it would make things clearer if I pointed out that these are
export-control laws, not export-to-Soviet-Union-control laws. If you
wanna export it, you gotta get it approved. If (1) you don't get
approval and you export it anyway, or (2) you don't apply for approval
in the first place, you are in violation of the law.)

				Peter Desnoyers