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From: eachus@spectre.mitre.org (Robert I. Eachus)
Subject: Re: Can DES code be shipped to Canada?
In-Reply-To: strnlght@netcom.com's message of Thu, 22 Apr 1993 20:55:04 GMT
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References: <1993Apr22.125402.27561@fripp.ri.cadre.com> <strnlghtC5wKrt.6JA@netcom.com>
Date: Fri, 23 Apr 1993 23:11:17 GMT
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In article <strnlghtC5wKrt.6JA@netcom.com> strnlght@netcom.com (David Sternlight) writes:

   > I believe it is illegal to send any cryptographic code out of the
   > country without an export license. (Others will correct me if
   > this is inaccurate.)

   Glad to!  You are correct, it is illegal to send cryptographic
code (and lots of other things) out of the country without a license.
HOWEVER, every US citizen has a general export license, allowing
export of lots of things, including constitutionally protected speech.
This has the effect that it is legal for US citizens to export some
things which it is illegal for a US corporation to export without
first obtaining a license.

   > Dunno if you'd get one for the particular code you have; the only
   > way to find out is to apply for a license.

   Nope, talk to a good lawyer in the area of export law.  But, in
general, the government has to have a very good national security case
to try prevent the export of anything you personally might wish to
publish.  (Yes, I worded that the way I did intentionally.  It is a
lot easier for the government to TRY to prevent the export of
information than to charge someone with a crime after the fact.
Espionage is probably the only exception.)

   > Note that you need to distinguish between what is legal to send
   > to Canada if YOU have such a license, and what is legal to send
   > if you don't.

    If you are a US citizen, you have a general license.  (I am not a
lawyer, so take some of this with a grain of salt.  However, I have
also had to swim through both ITAR and export regs in a few cases.)

--

					Robert I. Eachus

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