NODE 8191f2b6Re: (Fwd) Australian "ITAR" regulations
cjh@osa.com.auMon, 23 Sep 1996 11:54:27 +0800
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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Open Software Associates Limited
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NODE 7bc8e447Re: (Fwd) Australian "ITAR" regulations
Matthew Gream <matt@lust.bio.uts.edu.au>Mon, 23 Sep 1996 17:05:58 +0800
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
Geoffrey KEATING <geoffk@discus.anu.edu.au>Mon, 23 Sep 1996 22:50:56 +0800
> 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)