Remote use=export?

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I apologize if this is a dead horse, but...

Is granting use of crypto software running in the US to a remote user
outside the US considered exportation?  For example, if allow my friend in
Paris to use a PGP binary residing and running on my PC in Washington, is
either of us violating any ITAR or similar restrictions?
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---====<jeffg@hiwaay.net>====--- 
Finger for PGP key & Geek Code * No lemurs were harmed creating this sig.

 "The significant problems we face cannot be solved at the same level of 
  thinking we were at when we created them."	- Albert Einstein

Jeff Gehlbach writes:

: -----BEGIN PGP SIGNED MESSAGE-----
: 
: I apologize if this is a dead horse, but...
: 
: Is granting use of crypto software running in the US to a remote user
: outside the US considered exportation?  For example, if allow my friend in
: Paris to use a PGP binary residing and running on my PC in Washington, is
: either of us violating any ITAR or similar restrictions?

Nothing about the ITAR is unambiguous, but since what is forbidden is
``exporting'', which includes ``disclosing to foreign persons'', and
since use is not forbidden, it is hard to see how what you suggest
could violate the ITAR.  (And I don't know of any other U.S. law or
regulation that it could violate.)

On the other hand, it may violate French law, which, or so I
understand, does forbid the use of crypto unless the keys are made
available to the French government.  But I really don't know anything
about French law.

--
Peter D. Junger--Case Western Reserve University Law School--Cleveland, OH
Internet:  junger@pdj2-ra.f-remote.cwru.edu    junger@samsara.law.cwru.edu

> Jeff Gehlbach writes:
> 
> : -----BEGIN PGP SIGNED MESSAGE-----
> : 
> : I apologize if this is a dead horse, but...
> : 
> : Is granting use of crypto software running in the US to a remote user
> : outside the US considered exportation?  For example, if allow my friend in
> : Paris to use a PGP binary residing and running on my PC in Washington, is
> : either of us violating any ITAR or similar restrictions?
> 
> Nothing about the ITAR is unambiguous, but since what is forbidden is
> ``exporting'', which includes ``disclosing to foreign persons'', and
> since use is not forbidden, it is hard to see how what you suggest
> could violate the ITAR.  (And I don't know of any other U.S. law or
> regulation that it could violate.)

If memory serves, Digital Equipment Corp was obliged to remove a
demonstration supercomputer from the net.  The argument was that
Iraqis could telnet into it (it had free guest accounts) and run
nuclear weapons simulations on it.  Some of the list members
probably remember the details.

On Thu, 21 Dec 1995, Jeff Gehlbach wrote:

> 
> Is granting use of crypto software running in the US to a remote user
> outside the US considered exportation?  For example, if allow my friend in

Not export, but disclosure, and hence a violation.