Interesting People mailing list archives

Re: PERL/RSA t-shirts for Americans only


From: Steve Crocker <crocker () cybercash com>
Date: Tue, 6 Jun 95 15:17:21 EDT

Steve Crocker said:
I doubt
that t-shirts containing a couple of lines of PERL code which implement the
RSA algorithm are controlled under the ITAR.  The ITAR specifcally exempts
publications.


John Gilmore said:
The only way to find out what it's legal to publish in the crypto
realm is to ask the State Department with a Commodity Jurisdiction
request.  Trying to understand the plain language of the regulations
will lead you into exports (like those of publications) which the
State Department has ruled are illegal.  This mere fact makes the
regulations unconstitutionally vague and overbroad.

The regulations say that publicly available "information" is exempt
from export controls, in an obvious attempt to cut a First Amendment
notch in the regulations.  But the State Department has decided that
crypto software is not "information".  And they're trying to convince
a judge that software authors of all kinds are not entitled to the
protection of the First Amendment.


I'll pass on your suggestion that I try to experiment myself, but I'm under
the impression that a publication and is not the same as software.  One can
press the matter in various ways, e.g. a source listing of 1,000,000 lines
of code, but I seriously doubt that a couple lines of PERL code printed on
a t-shirt constitute "software."




Steve


--------------------
Steve Crocker
CyberCash, Inc., Suite 430                        Work: +1 703 620 4200
2100 Reston Parkway                               Fax:  +1 703 620 4215
Reston, VA 22091                                  crocker () cybercash com


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