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lynx-dev New US crypto export regs (draft)

From: Kim DeVaughn
Subject: lynx-dev New US crypto export regs (draft)
Date: Thu, 25 Nov 1999 03:23:07 -0700

FYI ...

Here is a link for the Draft of the new (US) Export Regulations as they
apply to Encryption Products (dated 11/23/99):


as well as a link to the San Jose Mercury News coverage and comments on
said regulations:


Now IANAL, and the Draft regs are about 16 pages long (on my 48-line term),
but I *think* this is the section most relevant to lynx, mutt, and other
such "freely available" "products" (that are distributed as source code):

 > This License Exception authorizes exports and re-exports of operation
 >     technology and software; sales technology and software; software
 >     updates (bug fixes); and "mass market" software subject to the
 >     General Software Note; and non-commercial encryption source-code.
 >     Note that encryption software is no longer subject to the General
 >     Software Note (see paragraph (d)(2) of this section).
 >     (d) General Software Note: "mass market" software
 >     (2) Software not eligible for this License Exception.
 >     This License Exception is not available for certain encryption
 >     software controlled under ECCN 5D002. (Refer to the Cryptography
 >     Note in Category 5 - part 2 of the Commerce Control List (CCL) for
 >     information on Mass Market Encryption commodities and software.
 >     Also refer to Sec.742.15(b)(1) and 748.3(b) of the EAR for
 >     information on item classifications for release from EI controls
 >     and NS controls).
 >     (e) Non-Commercial Source Code
 >     (1) Encryption source code controlled under 5D002 which would be
 >     considered publicly available under Section 734.3(b)(3) and which
 >     is not subject to any proprietary commercial agreement or
 >     restriction is released from EI controls and may be exported or
 >     re-exported without review under License Exception TSU, provided
 >     you have submitted to BXA notification of the export, accompanied
 >     by the Internet address (e.g. URL) or copy of the source code by
 >     the time of export. Submit the notification to BXA and send a copy
 >     to ENC Encryption Request Coordinator (see Section 740.17(g)(5)
 >     for mailing addresses).
 >     (2) Source code released under this provision remains of U.S.
 >     origin even when used or commingled with software or products of
 >     any origin, and any encryption product developed with source code
 >     released under this provision is subject to the EAR (see Section
 >     740.17).
 >     (3) The source code may be exported or re-exported to all
 >     destinations except Cuba, Iran, Iraq, Libya, North Korea, Sudan
 >     and Syria.

Of course I've no idea just what ECCN 5D002, or the EAR, or the BXA say,
so I don't really know how the idiot restrictions that we currently have
get changed, etc.  Perhaps some folks on the list who are more conversant
with the crypto stuff than I would comment ...?

Also, for those interested in doing so, comments are still being accepted
WRT the Draft Regulations, and changes to crypto export controls by the
US Dept. of Commerce until Dec 6, 1999 (or so the Draft says).


"Where there is a multitude of specific laws, it is a sign that
 the State is badly governed."  --Isocrates

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