[geekcrypt] Re: US Export Regulations WAS Re: Re: Introducing Peter Trei

  • From: Pid Zero <p1dz3r0@xxxxxxxxx>
  • To: "geekcrypt@xxxxxxxxxxxxx" <geekcrypt@xxxxxxxxxxxxx>
  • Date: Fri, 6 Jun 2014 07:47:12 +0100

Does that not assume that the TC code was developed in the US? I know that
most of the crypto code was from a library developed in the UK.

On Friday, June 6, 2014, Karen Palen <karenpalensl@xxxxxxxxx> wrote:

> I am a Registered Patent Agent in the US, but I really do not think this
> is a Patent/IP question, but rather an ITAR question!
> I am not qualified to make this determination, although I do have some
> firsthand experience in the area.
> We ran into this during a standards making project (EDIF) and it did take
> several months to get things straightened out.
> The problem with ITAR is that the law is very broadly written and the
> default is that you are covered by the list. To make things even more
> exciting, the list itself is classified!
> I know that there are a great many treaties which require many countries
> to treat things "as if they were" under US law!
> This would seem to be a "burning issue" that will require some funding to
> resolve. :-(
> The problem is that we don't just need someone's research, but an actual
> formal "legal opinion" which would then at least shield us from criminal
> prosecution! We could still be told to simply stop, however.
> A "formal legal opinion" which can be relied upon however takes a lot of
> careful research and exposes the lawyer to some massive liability if they
> screw up - typically this is 50-60% of the billing for this kind of opinion.
> This is one reason we need to have a headquarters (foundation or ???) in a
> place like Switzerland or Canada.
> Somehow I doubt if this is going to be the only "legal show stopper" too.
> :-(
> It also argues the need for funding ASAP.
> Mike
> On 06/05/2014 06:06 PM, Niklas Lemcke - 林樂寬 wrote:
>> 2. Export regulations. US EAR regulations require entities exporting
>> cryptography - even free public domain source code - to register with BXA
>> and report exports. This may require setting up a foundation or something,
>> to create a legal nexus.
>> How do export regulations from the US apply, if--say--the code is being
>> published outside the US, by non-US individuals? We had thought about
>> moving away from GitHub because it is hosted in the US. I know a couple
>> of (patent) lawyers, but only one with potential experience in US law.
>> And that one is expensive. :P
>> Niklas
> --
> Hypocrite: (noun) Republican who collects Social Security or Medicare!

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