// COMPLETE THREAD

Re: (Fwd) Australian "ITAR" regulations

3 expanded posts ยท every known parent and child

NODE 8191f2b6Re: (Fwd) Australian "ITAR" regulations
Peter Trei writes:
> Forwarded from the cypherpunks list...
> http://www.austlii.edu.au/cgi-bin/sinodisp.pl/au/legis/cth/consol_reg/cer439/sch13.html?query=cryptographic

Thanks for posting this URL Peter.  Of particular note is the heading:

> 43.       Other goods as follows:

An anonymous opinion from inside the Defence Dept holds that electronic
bits on a wire do not constitute goods, and as a result if you ship
electronically, you are not subject to the regulations.  If you ship a
CD or floppy or other physical media containing software, you violate the
regulations.

I'll add this to the SSLeay legality FAQ - standard disclaimers apply
of course, obtain professional legal advice before exporting SSLeay.

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NODE 7bc8e447Re: (Fwd) Australian "ITAR" regulations
Hi there,

> An anonymous opinion from inside the Defence Dept holds that electronic
> bits on a wire do not constitute goods, and as a result if you ship
> electronically, you are not subject to the regulations.  If you ship a
> CD or floppy or other physical media containing software, you violate the
> regulations.

Watch out for those anonymous opinions; I received exactly the opposite
opinion when I spoke to the Defence Signals Directorate about the issue
(back in 1994) -- after specifically asking about a few hypothetical
cases. Of course, either opinion may be correct, which is the real
problem!

> I'll add this to the SSLeay legality FAQ - standard disclaimers apply
> of course, obtain professional legal advice before exporting SSLeay.

Definitely ... what a pain, however :-(.

Best of luck!
Matthew.

-- 
Matthew Gream -- matt@lust.bio.uts.edu.au.
NODE 89d3ad88Re: (Fwd) Australian "ITAR" regulations
> Peter Trei writes:
> > Forwarded from the cypherpunks list...
> > http://www.austlii.edu.au/cgi-bin/sinodisp.pl/au/legis/cth/consol_reg/cer439/sch13.html?query=cryptographic
> 
> Thanks for posting this URL Peter.  Of particular note is the heading:
> 
> > 43.       Other goods as follows:
> 
> An anonymous opinion from inside the Defence Dept holds that electronic
> bits on a wire do not constitute goods, and as a result if you ship
> electronically, you are not subject to the regulations.  If you ship a
> CD or floppy or other physical media containing software, you violate the
> regulations.

If you glance at reg. 13b, under 'software', you'll find that it
specifically says '"software" means [program(s)] fixed in any tangible
medium of expression'.

-- 
-Geoff Keating (Geoff.Keating@anu.edu.au)