🚀 go-pugleaf

In <1992Dec17.031421.15578@qualcomm.com> karn@servo.qualcomm.com (Phil Karn) writes:

>A part of the ITARs not quoted by PKP exempts from control any
>"technical data" that is in the public domain, with "public domain"
>having a broader meaning than the same term as used in copyright law.
>Here it refers to anything that is freely and widely available to the
>public in libraries, magazines, books, etc, as opposed to proprietary
>information available only under non-disclosure agreement.  So
>"technical data" published in, say, Aviation Week can be exported
>anywhere in the world, regardless of what it relates to. It also means
>that you can export articles and books describing DES or RSA.

>Now the question arises, is software "technical data" that would be
>subject to the public domain exemption? Some have claimed it is, which
>would make any public domain crypto code freely exportable (even as a
>proprietary implementation of the same algorithms would require an
>export license). But other legal interpretations of the ITARs claim
>that software is a "defense article", not "technical data", and the
>public domain exemptions apply only to the latter. By this theory you
>can't export even a widely available public domain encryption package.

Does anyone (the law, the regulations, a court case?) define "software" to
specifically include source code?  If not, one could make a good case that
well-documented source code more closely resembles "technical data" than
"software".  (Even if so, as you point out later, the law/regulations are
absurd, but, if not, there is no need to go further...the law doesn't apply
to the source code of a cryptographic program.)

For that matter, have there been any court cases related to ITAR and
software.

--
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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