🚀 go-pugleaf

I note that what I received is actually the text of a *proposed* set
of ITARs. Chances are they were adopted pretty much as written, but I
would like to know for sure.

If these rules are in fact now current, I think the argument may be
all but over. In the past, the problem has been whether the ITAR
definition of "technical data" included "software". There has long
been an exemption for "technical data" that is "in the public domain",
but it was argued (specifically by a DEC attorney a few years ago)
that "software" was a "defense article", not "technical data" and thus
did not qualify for the exemption. *All* of our problems with public
domain crypto software came from this basic interpretation that
software was not "technical data".

However, these new rules now seem to explicitly include "software" in
the definition of "technical data". And since the public domain
exemption is still there, it is possible that there is no longer *any*
problem with exporting public domain crypto software.

Of course, the right thing to do is to run all this past an attorney
and verify it. --Phil


Sec. 120.23 Technical data.
    Technical data means, for purposes of this subchapter:

	[...]
    (c)  *Software* as defined in Sec. 121.8(f) directly related to defense
articles;

	[ I can't find Sec 121.8(f). Can anybody look up this specific
definition?]

	[...]
125.9  Filing  of  licenses  for  exports  of classified technical data and
classified defense articles.

	[...]

    (a)  The  export controls of this part apply to the export of technical
data and the export of classified defense articles. Information which is in
the  ''*public* domain'' (see Secs. 120.19 and 125.4(b)(13)) is not subject
to the controls of this subchapter.


[I've deleted the lengthy definition of "public domain" since it is
clear to me that anything up for anonymous FTP clearly qualifies.]