// COMPLETE THREAD

crypto restrictions

6 expanded posts ยท every known parent and child

NODE 385dfff5crypto restrictions
hi guys,
i am a bit confused. what exactly are the us govt crypto regulations.
what i mean is that :

1) is it illegal to develop an encryption tool (s/w) in the US which
uses > 40 bit size session keys and then export that s/w outside of the
US.

2) is it illegal to encrypt some data inside the us with a key > 40 bit
in size and then send that data outside the US.

thanx.
anand....
NODE ab607a10Re: crypto restrictions
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anand abhyankar <anand@querisoft.com> writes:
> i am a bit confused. what exactly are the us govt crypto regulations.

Hard to tell, really...

> what i mean is that :

Oh, this is one of those easy questions!

> 1) is it illegal to develop an encryption tool (s/w) in the US which
> uses > 40 bit size session keys and then export that s/w outside of the
> US.

Yes.

> 2) is it illegal to encrypt some data inside the us with a key > 40 bit
> in size and then send that data outside the US.

No.

HTH,
Jer

"standing on top of the world/ never knew how you never could/ never knew
 why you never could live/ innocent life that everyone did" -Wormhole

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NODE 4f95cd3cRe: crypto restrictions
Jeremiah A Blatz wrote:

thanx for ur answer but then i have another question.

1) is it illegal to develop an encryption tool (s/w) outside the US
which uses > 40 bit size session keys and then import that s/w inside of
the US.

anand....
NODE efbc8904Re: crypto restrictions
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anand abhyankar <anand@querisoft.com> writes:
> Jeremiah A Blatz wrote:
> 
> thanx for ur answer but then i have another question.
> 
> 1) is it illegal to develop an encryption tool (s/w) outside the US
> which uses > 40 bit size session keys and then import that s/w inside of
> the US.

It's legal in the US, but other countries have export restrictions,
too. They're usually pretty hard to find out about, especially
considering that the people who passed the laws don't have a clue what
the law means.

Your best place to check is the Crypto Law Survey at
http://cwis.kub.nl/~frw/people/koops/lawsurvy.htm
The disclamer states that the findings may not be "exaustive or
legally reliable," and given the opacity of crypto laws, you'd better
belive it. That said, it is an excellent resource.

cypherpunks newbie patrol,
Jer

"standing on top of the world/ never knew how you never could/ never knew
 why you never could live/ innocent life that everyone did" -Wormhole

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NODE 47d9bf6cRe: crypto restrictions
At 11:51 AM -0800 2/14/97, anand abhyankar wrote:
>Jeremiah A Blatz wrote:
>
>thanx for ur answer but then i have another question.
>
>1) is it illegal to develop an encryption tool (s/w) outside the US
>which uses > 40 bit size session keys and then import that s/w inside of
>the US.

There are no import restrictions at this time. The IDEA cipher, for
example, was developed in Europe and U.S. developers can import it and put
in products.

However, once imported it becomes controlled for export again!

Also, it may be a violation of the EAR regs to deliberately seek to bypass
the export laws by arranging for foreign development of a module which is
then "dropped in" when the product is shipped outside the U.S. It may also
be illegal to include "software hooks" for crypto modules to be attached to.

Exactly how far one can go, or what it might take to trigger a government
prosecution for such actions, is unclear. The laws are not very precise,
and court precedents are lacking.

(There are many wrinkles here; you seem to have a lot of questions, which
is good. However, it is best for you to read a comprehensive article on
these issues--use a Web search engine to find the latest versions.)

--Tim May

Just say "No" to "Big Brother Inside"
We got computers, we're tapping phone lines, I know that that ain't allowed.
---------:---------:---------:---------:---------:---------:---------:----
Timothy C. May              | Crypto Anarchy: encryption, digital money,
tcmay@got.net  408-728-0152 | anonymous networks, digital pseudonyms, zero
W.A.S.T.E.: Corralitos, CA  | knowledge, reputations, information markets,
Higher Power: 2^1398269     | black markets, collapse of governments.
"National borders aren't even speed bumps on the information superhighway."
NODE e54cd510Re: crypto restrictions
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At 05:20 AM 2/14/97 -0800, anand abhyankar wrote:
>1) is it illegal to develop an encryption tool (s/w) in the US which
>uses > 40 bit size session keys and then export that s/w outside of the
>US.

Yes, that's illegal, unless you get permission for the export. Getting
permission requires jumping through many hoops, and is far from a sure thing.
(It's easier to count on not getting permission. You almost certainly won't
get permission if you want to use >40 bits and you're not going to force your
customers to share their keys with the government.) 

Consequently, the US is a bad place to write crypto software if you want to
make it available worldwide. 

>2) is it illegal to encrypt some data inside the us with a key > 40 bit
>in size and then send that data outside the US.

Data which may be exported as plaintext may be exported as ciphertext. Data
which may not be exported as plaintext may not be exported as ciphertext. But
in the latter case, it's harder to catch you. :) 


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--
Greg Broiles                | US crypto export control policy in a nutshell:
gbroiles@netbox.com         | 
http://www.io.com/~gbroiles | Export jobs, not crypto.
                            |