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Re: Crypto export



sjc@delphi.com (Stephen Carpenter)  wrote on 30.03.98 in <[🔎] 351FCAD4.63CA4D94@delphi.com>:

> He is outside the jurisdiction of the US...therefore the regulations do not
> apply to him
> thus he cannot break them.

That's extremely naive, and also just plain wrong.

If you cause something to happen inside the borders of nation X, or to  
some citizen of nation X even outside the borders, then the laws of nation  
X _will_ be applied to you. *Every* nation has those rules.

Now, depending on what you did, how any other involved nation thinks about  
that (the one you're a citizen of, and the one you were in when you did  
it, and so on), and depending on how these nations are currently related  
to each other (for example, is there an extradition treaty, and what does  
it cover), they may or may not help nation X *enforce* those laws.

OTOH, if you happen to travel to nation X, it won't *need* help.



Now, WRT the specific case in question, it all depends on where he  
downloaded that stuff from. From the US, bad karma; from somewhere in the  
free world, no problem, someone else has the bad karma.

> (remember Phil Zimmerman a few years back...although they did
> drop the lawsuit against him so...maybe they realize its not worth it?)

It sure cost Phil $$$ enough.

Several people think that they actually didn't *want* to go to court; it  
seems that cryptography-related court decisions have traditionally not  
favoured the export ban laws, so they're better off intimidating people  
than actually dragging them into court.

The government (any government) is very good at intimidating people.

> (even the US is not arrogent enough to claim that our loaws apply to peopl
> ein othr countries....not yet anyway)

See above.


MfG Kai


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