Re: WARNING: Crypto software to be included into main Debian distribution
Hi, all,
I am a Debian user and a Union-side labor lawyer in Massachusetts. I
have lurked briefly
on this list and have followed the above thread. I have very limited
knowledge about US export controls, so what I have to say will deal
with generalities and should be taken for what it is, friendly personal
advice, not professional legal advice.
First, Debian should be congratulated for seeking legal guidance before
acting. I realize this is coming at a very late date, but I am
concerned that Debian may be relying to too great an extent on the
guidance it has obtained. My primary concern is that the guidance was
given on July 31, 2001. Perhaps the passage of seven months should
not, normally, be considered significant. The regulations themselves
may not have changed. I don't know. The prosecutorial atmosphere has
certainly changed since September 11. This is particularly true with
respect to any relations with the T7.
The guidance obtained specifically warns:
"Please note that the regulations are subject to change. We recommend
that you obtain your own legal advice when attempting to export."
The suggestion that further advice be sought raises questions to me as
to whether the attorney preparing what he refers to as a "guideline"
intended the guideline to be relied upon.
The crypto-in-main thread may also have parsed the advice from Attorney
Thomsen to a greater degree than was originally intended.
Finally, the thread pays a great deal of attention to where the
ultimate boundary between lawful and unlawful lies. This should not
necessarily be Debian's only legal concern. SPI, Debian and its
developers should also consider the possibilty of becomming the target
of a legally incorrect overly-zealous suit or prosecution and the costs
associated with one.
I do not mean to suggest that Debian should not move the crypto
packages into main, only that further current advice be sought from
Attorney Thomsen.
Yours,
Streph
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