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LYNX-DEV SSL, Lynx & US Law
From: |
Philip Webb |
Subject: |
LYNX-DEV SSL, Lynx & US Law |
Date: |
Mon, 9 Dec 1996 02:31:48 -0500 (EST) |
Mr Richardson said 961208 re Canadian laws restriction export of encryption:
> Well, there is one. Not as strong as ITAR, but nevertheless it
> exists. We are a signatory to COCOM (which was a UN agreement and
> agency to keep control of crypto. COCOM is dead due to lack of US
> payment of UN fees).
-- so COCOM is a red herring.
> Additionally, NAFTA has some provisions as well. (Hidden)
-- what? if they're hidden, no-one is likely to be prosecuted & has a defense.
> Canadian companies have been charged in the past when they
> redirected shipments from the US to Canadian destinations to non-Canadians.
-- who? when? exporting what? to whom? charged in which country?
if it was missile parts to iraq, that's not covered by the same law,
not in canada anyway.
> However, see http://insight.mcmaster.ca/org/efc/pages/doc/crypto-export.html
-- i just read all 37 pp of it & STRONGLY RECOMMEND all of it to any lynx-dever
who thinks there's a problem exporting an encrypt-enabled lynx from canada,
as far as canadian law is concerned: its writer deserves a lot of thanks.
-- to summarise: there are only 2 countries -- iraq & libya --
which are subject to total restriction on exports of any kind;
there is a sort of caveat about re-exporting any goods from the us,
but it's weak & hardly enforced; there's a catch-all exemption called
General Export Permit # 12 which would allow export of any form
of encryption; the writer gives a detailed account of his experiences
applying to export encryption material from canada to the uk,
which confirms that in practice there's no legal barrier.
Mr Bonomi said 961208 "Canada has a PRECISELY similar law on its books"
-- see previous
Mr Virden said 961208 "Some European countries make it illegal to use
any kind of encryption"
-- which countries? serbia? belarus?
-- the replies so far, together with the mcmaster pages url'd above,
simply confirm my point that ONCE an encrypt-enabled lynx has reached
canada there is NO FURTHER problem IN PRACTICE making it available
to the rest of the World (except Libya & Iraq, who aren't on the Net).
of course, it MIGHT be a problem for people in the us who sent it here,
but that hasn't been the focus of the discussion on lynx-dev.
-- about 10 years ago a Canadian got involved in some real-estate deal
which went sour; a Florida judge issued a warrant for his arrest
& he skipped bail & fled to Ontario; a couple of american bounty-hunters
crossed the border, drugged him & kidnapped him back to Florida,
where he was locked up in jail. Big Diplomatic Fuss, fuelled
by Canadian media. eventually the bounter hunters were extradited
& jailed by a Canadian court for kidnapping & the wanted man was released
& charges against him dropped.
-- lynx is public-domain software; its development is an international effort;
us law stops at us borders. i still think it's paranoia
& replies so far confirm my view.
--
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- LYNX-DEV Update on SSL and Lynx, Subir Grewal, 1996/12/07
- Re: LYNX-DEV Update on SSL and Lynx, Al Gilman, 1996/12/07
- LYNX-DEV SSL, Lynx & US Law, Philip Webb, 1996/12/08
- Re: LYNX-DEV SSL, Lynx & US Law, Michael Richardson, 1996/12/08
- LYNX-DEV SSL, Lynx & US Law,
Philip Webb <=
- Re: LYNX-DEV SSL, Lynx & US Law, Michael Richardson, 1996/12/09
- Re: LYNX-DEV SSL, Lynx & US Law, Tom Zerucha, 1996/12/09
Re: LYNX-DEV Update on SSL and Lynx, Tom Zerucha, 1996/12/09
Re: LYNX-DEV Update on SSL and Lynx, Michael Richardson, 1996/12/12