Wassenaar exemption (was Re: Fwd: [comp.risks] Risks Digest 20.11)

[Jim Pick <jim@jimpick.com>]

kaih@khms.westfalen.de (Kai Henningsen) writes:

> john@dhh.gt.org  wrote on 13.12.98 in <[🔎] 87vhjggf7x.fsf@hasler.dhh>:
> 
> > Kai Henningsen writes:
> > > Wassenaar itself exempts that stuff [Open Source & public domain]. See
> > > http://www.wassenaar.org.
> >
> > Just did.  Where did you find the exemption?
> 
> Globe -> Lists -> General Notes. You need something capable of deciphering  
> MS Word, unfortunately.

Here is the relevant bit to us (I think):

-- start cut --

GENERAL SOFTWARE NOTE

The Lists do not control "software" which is either:

1.      Generally available to the public by being:

        a.      Sold from stock at retail selling points without restriction,
                by means of:

                1.      Over-the-counter transactions;

                2.      Mail order transactions; or

                3.      Telephone call transactions; and

        b.      Designed for installation by the user without further
                substantial support by the supplier; or

N.B.    Entry 1 of the General Software Note does not release "software"
controlled by Category 5 - Part 2.

2.      "In the public domain".

-- end cut --

The "N.B." entry, is new, which is the new change to restrict crypto.
Category 5 - Part 2 is where they define what constitutes strong
cryptography (ie. >64bits).  Fortunately, they decided not to place
the new restriction on items in the "public domain".

In the Definitions section, they define "public domain" as:

-- start cut --

       "In the public domain"

       This means "technology" or "software" which has been made available
       without restrictions upon its further dissemination.

       N.B.    Copyright restrictions do not remove "technology" or
               "software" from being "in the public domain".

-- end cut --

So, it definitely sounds like the exemption for free software has been
maintained.  :-)

Cheers,

 - Jim