Personal use crypto export

I'm moved to repeat Matt Blaze's exercise of a couple of years
ago, where he went through the rigamarole to get an Official
Paper from Customs or State or whoever was in charge to take his
laptop out of the country with crypto on it for his personal use
overseas.  His experiences finding the right person to talk to
to get a form, then his inability to find a Customs official to
look at it on the way back, were semi-hilarious.

However, now that crypto exports in general have moved from ITAR
to EAR and BXA is in charge of general crypto exports, I can't find
out how to get the right form to take out a laptop with PGP (or
anything else) on it.  Can anybody give me a pointer to whoever
thinks they're in charge of this stuff?

Or have they given up on this phase?

Thanks...
-- 
	Jim Gillogly
	24 Winterfilth S.R. 1997, 18:38
	12.19.4.10.12, 7 Eb 10 Yax, Fifth Lord of Night

Ian Goldberg wrote:
> >(f) Special provisions: encryption software subject to EI controls.
> >
> >(1) Only a U.S. citizen or permanent resident as defined by 8 U.S.C.
> >1101(a)(20) may export or reexport encryption items controlled for EI
> >reasons under this License Exception.

> So I can't take my laptop to Anguilla, right?  (I'm not a US citizen or
> permanent resident; I'm pretty sure I don't fall under the TMP exception
> either, but I haven't checked in a while.)

Check out the regulations quoted.
A wide variety of people, such as all (or certain types of) students
qualify as 'permanent residents' under some regulations (but not
under others). 
The 'qualifying' portions of various regulations often change on
a whim. e.g. - qualification for dual citizenship of US born 
children who immigrate with their parents to another country before
they reach the age of consent.

The bottom line is that if you get an opinion from some legal source
or another (preferably in writing), it is rarely worthwhile for some
gubmint dweeb to seriously fuck with you, unless they 'want' to fuck
you for some other reason and need an excuse.
  (The Law of Karma applies, nonetheless.)

In short, cover your ass and don't use my name when crossing borders.

TotoMonger

In article <v03007812b06adf711815@[163.176.132.90]>,
Lee Tien  <tien@well.com> wrote:
>I agree with Tim May, I believe it's no longer an issue.  While the current
>EAR/crypto regs don't expressly say "personal use OK," they can be read
>that way under several exemptions, and I'm reliably told that BXA does.

>(f) Special provisions: encryption software subject to EI controls.
>
>(1) Only a U.S. citizen or permanent resident as defined by 8 U.S.C.
>1101(a)(20) may export or reexport encryption items controlled for EI
>reasons under this License Exception.
>
>(2) The U.S. person or permanent resident must maintain effective control
>of the encryption items controlled for EI reasons.
>
>(3) The encryption items controlled for EI reasons may not be exported or
>reexported to Country Group E:2, Iran, Iraq, Sudan, or Syria.

So I can't take my laptop to Anguilla, right?  (I'm not a US citizen or
permanent resident; I'm pretty sure I don't fall under the TMP exception
either, but I haven't checked in a while.)

   - Ian

At 11:41 AM -0700 10/15/97, Jim Gillogly wrote:
>I'm moved to repeat Matt Blaze's exercise of a couple of years
>ago, where he went through the rigamarole to get an Official
>Paper from Customs or State or whoever was in charge to take his
>laptop out of the country with crypto on it for his personal use
>overseas.  His experiences finding the right person to talk to
>to get a form, then his inability to find a Customs official to
>look at it on the way back, were semi-hilarious.
>
>However, now that crypto exports in general have moved from ITAR
>to EAR and BXA is in charge of general crypto exports, I can't find
>out how to get the right form to take out a laptop with PGP (or
>anything else) on it.  Can anybody give me a pointer to whoever
>thinks they're in charge of this stuff?
>
>Or have they given up on this phase?

Given that Matt did the exercise the one time it was worth doing, as a
"demonstration," and given that nobody has been prosecuted for this sort of
thing, and given the "personal use exemption" issued a while back, what's
the point?

If your point is to show that you, too, can jump through hoops and run
around collecting papers, then it hardly seems fair for any of us to give
you help, right?

--Tim May

(P.S. I seem to recall that some time _after_ the Matt Blaze experience
there was an even more clearcut statement that laptops leaving the country
for temporary trips did not need _any_ permission forms, even officially. I
dimly recall this as part of the new BXA/EAR documents.)

The Feds have shown their hand: they want a ban on domestic cryptography
---------:---------:---------:---------:---------:---------:---------:----
Timothy C. May              | Crypto Anarchy: encryption, digital money,
ComSec 3DES:   408-728-0152 | anonymous networks, digital pseudonyms, zero
W.A.S.T.E.: Corralitos, CA  | knowledge, reputations, information markets,
Higher Power: 2^2,976,221   | black markets, collapse of governments.
"National borders aren't even speed bumps on the information superhighway."

I agree with Tim May, I believe it's no longer an issue.  While the current
EAR/crypto regs don't expressly say "personal use OK," they can be read
that way under several exemptions, and I'm reliably told that BXA does.

In the draft EAR/crypto regs posted to John Young's site some months ago,
the BAG license exception, at (d) and (f) (see below), specifically
addresses crypto.  It's only a draft and may change, but I wouldn't worry
about it.

Lee Tien

§740.14  Baggage (BAG).

(a)  Scope.  This License Exception authorizes individuals leaving the
United States either temporarily (i.e., traveling) or longer-term (i.e.,
moving) and crew members of exporting or reexporting carriers to take to
any destination, as personal baggage, the classes of commodities and
software described in this section.

(b)  Eligibility.  Individuals leaving the United States may export or
reexport any of the following commodities or software for personal use of
the individuals or members of their immediate families traveling with them
to any destination or series of destinations.  Individuals leaving the
United States temporarily (i.e., traveling) must bring back items exported
and reexported under this License Exception unless they consume the items
abroad or are otherwise authorized to dispose of them under the EAR.  Crew
members may export or reexport only commodities and software described in
paragraphs (b)(1) and (b)(2) of this section to any destination.

(1)  Personal effects.  Usual and reasonable kinds and quantities for
personal use of wearing apparel, articles of personal adornment, toilet
articles, medicinal supplies, food, souvenirs, games, and similar personal
effects, and their containers.

(2)  Household effects.  Usual and reasonable kinds and quantities for
personal use of furniture, household effects, household furnishings, and
their containers.

(3)  Vehicles.  Usual and reasonable kinds and quantities of vehicles, such
as passenger cars, station wagons, trucks, trailers, motorcycles, bicycles,
tricycles, perambulators, and their containers.

(4)  Tools of trade.  Usual and reasonable kinds and quantities of tools,
instruments, or equipment and their containers for use in the trade,
occupation, employment, vocation, or hobby of the traveler or members of
the household being moved.  For special provisions regarding encryption
items subject to EI controls, see paragraph (f) of this section.

(c)  Limits on eligibility.  The export of any commodity or software is
limited or prohibited, if the kind or quantity is in excess of the limits
described in this section. In addition, the commodities or software must
be:

(1)  Owned by the individuals (or by members of their immediate families)
or by crew members of exporting carriers on the dates they depart from the
United States;

(2)  Intended for and necessary and appropriate for the use of the
individuals or members of their immediate families traveling with them, or
by the crew members of exporting carriers;

(3)  Not intended for sale or other disposal; and

(4)  Not exported under a bill of lading as cargo if exported by crew members.

(d)   *     *     * No items controlled for EI reasons may be exported or
reexported as unaccompanied baggage.

*     *     *     *     *

(f) Special provisions: encryption software subject to EI controls.

(1) Only a U.S. citizen or permanent resident as defined by 8 U.S.C.
1101(a)(20) may export or reexport encryption items controlled for EI
reasons under this License Exception.

(2) The U.S. person or permanent resident must maintain effective control
of the encryption items controlled for EI reasons.

(3) The encryption items controlled for EI reasons may not be exported or
reexported to Country Group E:2, Iran, Iraq, Sudan, or Syria.


At 10:41 AM -0800 10/15/97, Jim Gillogly wrote:
>I'm moved to repeat Matt Blaze's exercise of a couple of years
>ago, where he went through the rigamarole to get an Official
>Paper from Customs or State or whoever was in charge to take his
>laptop out of the country with crypto on it for his personal use
>overseas.  His experiences finding the right person to talk to
>to get a form, then his inability to find a Customs official to
>look at it on the way back, were semi-hilarious.
>
>However, now that crypto exports in general have moved from ITAR
>to EAR and BXA is in charge of general crypto exports, I can't find
>out how to get the right form to take out a laptop with PGP (or
>anything else) on it.  Can anybody give me a pointer to whoever
>thinks they're in charge of this stuff?
>
>Or have they given up on this phase?
>
>Thanks...

> I agree with Tim May, I believe it's no longer an issue.  While the current
> EAR/crypto regs don't expressly say "personal use OK," they can be read
> that way under several exemptions, and I'm reliably told that BXA does.
> 
> In the draft EAR/crypto regs posted to John Young's site some months ago,
> the BAG license exception, at (d) and (f) (see below), specifically
> addresses crypto.  It's only a draft and may change, but I wouldn't worry
> about it.
> 
> Lee Tien
> 
> =A7740.14  Baggage (BAG).
> 
> (a)  Scope.  This License Exception authorizes individuals leaving the
> United States either temporarily (i.e., traveling) or longer-term (i.e.,
> moving) and crew members of exporting or reexporting carriers to take to
> any destination, as personal baggage, the classes of commodities and
> software described in this section.


License Exception TMP also applies.  The following is from
bxa123096.txt on jya.com.  I had to go to the Federal Register to
find the actual text of the exception (Sorry, not easily at hand.)

    Note that License Exception TMP is available
    for temporary exports and reexports of encryption items except under
    the provisions for beta-test software. License Exceptions TMP and BAG
    effectively replace the Department of State's personal use exemption.
    Software and technology that was controlled by the Department of
    Commerce prior to December 30, 1996 are not affected by this rule and
    will continue to be eligible for the publicly available treatment.
    I think that I had to go to the Federal Register to dig it out.

Eric