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- Newsgroups: sci.crypt
- Subject: Re: PKP/RSA comments on PGP legality
- Message-ID: <a_rubin.725045055@dn66>
- From: a_rubin@dsg4.dse.beckman.com (Arthur Rubin)
- Date: 22 Dec 92 17:24:15 GMT
- References: <1992Dec18.230642.9747@netcom.com> <1992Dec19.000207.15616@netcom.com> <a_rubin.724967325@dn66> <1992Dec22.003359.1777@netcom.com>
- Organization: Beckman Instruments, Inc.
- Nntp-Posting-Host: dn66.dse.beckman.com
- Lines: 39
-
- In <1992Dec22.003359.1777@netcom.com> strnlght@netcom.com (David Sternlight) writes:
-
-
- >I believe Arthur Rubin to be in error when he argues that if it's
- >public domain technical data it's ok, and so PGP is ok.
-
- The law authorizing ITAR (which is not the Munications Act) specifies that
- "public domain" technical data about munitions which has already been
- published is exportable. (The dimensions of secret aircraft, for
- instance.) A related law specifies that something "public domain" (defined
- as generally available in the US) cannot be restricted material. Whether
- that law covers software for the purposes of ITAR is, indeed, unclear.
-
- I'll ask my sources for details, and post (if this thread hasn't died by
- then), probably around 5 January.
-
- >First of all the language of the act I posted makes clear that
-
- You were quoting regulations, not the law itself. Regulations are
- legally binding if they are consistent with the law, but the law did not
- define software. The question is whether the definition of
- "restricted" software in a related law applies in the absence specific
- language will get to the courts eventually, unless one of the laws is
- repealed.
-
- >Finally, without having read the Scientific American article I don't
- >know if they violated the law or not, but this thread isn't about
- >Scientific American, so I consider that a side show better treated
- >as a separate matter for those interested.
-
- In terms of ITAR, the thread IS about Scientific American. If the
- algorithm description in Scientific American is sufficient to produce the
- restricted parts of PGP, then ONLY Scientific American (or R) could be
- prosecuted under ITAR.
- --
- Arthur L. Rubin: a_rubin@dsg4.dse.beckman.com (work) Beckman Instruments/Brea
- 216-5888@mcimail.com 70707.453@compuserve.com arthur@pnet01.cts.com (personal)
- My opinions are my own, and do not represent those of my employer.
- My interaction with our news system is unstable; please mail anything important.
-