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Re: lynx-dev New US crypto export regs (draft)

From: David Woolley
Subject: Re: lynx-dev New US crypto export regs (draft)
Date: Fri, 26 Nov 1999 08:41:50 +0000 (GMT)

IANAL, but...
>  >     (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

I.E. SSL, which uses the proprietory RSA algorithm is not permitted.

>  >     (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).

I.E. there is a conflict with the GPL and people subject to US law 
cannot re-distribute SSL Lynx, even in the USA, because they would
have to impose restrictions over and above the GPL, and foreign subjects
cannot distribute to the USA, for the same reasons.  The situation for
foreign to foreign re-distribution is probably no more confused than has
always been the case.

>  >     (3) The source code may be exported or re-exported to all
>  >     destinations except Cuba, Iran, Iraq, Libya, North Korea, Sudan
>  >     and Syria.

Again, and this may be a controversial issue in the FSF arena - it probably
needs bringing up on gnu.misc.discuss, this causes a GPL conflict.

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