🚀 go-pugleaf

In <1992Dec19.000207.15616@netcom.com> strnlght@netcom.com (David Sternlight) writes:


>In order to stop the silly discussion about "technical data", 
>is source code o.k., etc., by some here who are making it up
>as they go along, here are some facts:

>"(c) Disclosures. Unless otherwise expressly exempted in this
>subchapter, a license is required for the oral, visual, or documentary
>disclosure of technical data...  A license is required regardless
>of the manner in which the technical data is transmitted (e.g., in
>person, by telephone, correspondence, electronic means, telex, etc.)."
>                

But "public domain" technical data was exempted -- in effect, there is no
disclosure.

>What is "export?" Section 120.10, "Export," begins:

>"'Export' means, for purposes of this subchapter: ...(c) Sending or
>taking technical data outside of the United States in any manner
>except that by mere travel outside of the United States by a person
>whose technical knowledge includes technical data; or..."

>Is pgp subject to the ITAR? See Part 121, the Munitions List, in
>particular Category XIII, of which paragraph (b) reads, in part,
>"...privacy devices, cryptographic devices and software (encoding and
>decoding), and components specifically designed or modified
>therefore,..."

>A further definition in 121.8, paragraph (f) reads: "Software 
>includes but is not limited to the system functional design, 
>logic flow, algorithms, application programs, ..."
             ^^^^^^^^^^

So, SciAm was in violation of ITAR, after all, even without the presence of
code.

--
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)
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