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Re: US citizens uploading to non-us



Previously Sam Hartman wrote:
> I can't find an answer to the question on this list's archives and so
> I'm asking it again.  It seems fairly clear to me that the answer is
> yes, if proper procedures are followed, but since export issues are
> kind of touchy I want to make sure that I'm not missing something.

I'm reading up on the documentation for it now; it seems that with
some exception we can indeed put crypto in the main archive now, esp.
with the policy changes from last month.

> On October 19, the Bureau of Export Administration (BXA) of the US
> Department of Commerce issued a new final rule on export of
> cryptographic software.  This rule updated a rule released in
> January.  The following is a direct quotation of section 740.13(e) of
> the Export Administration Regulations (EAR) found at
> http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=bxa&docid=f:740.wais.

A good site for information is http://www.bxa.doc.gov/Encryption/Default.htm .

> So, according to these regulations, provided that I tell the US
> government before doing so, I can export software meeting DFSG from
> the US.  It's fairly clear for example that I could put software up on
> a website within the US, send mail to crypt@bxa.doc.gov and then allow
> non-US people to download without any special tracking or access
> controls.

You have to take (3) into account; everyone seems to agree that you
don't have to explicitly disallowed exporting to those 7 though.

There is also the matter of crypto stuff in non-free: that doesn't
meet all the criteria from what I see.

> The next question is the importation of crypto into the jurisdiction
> where pandora exists.  I don't know what the laws are like, but I
> suspect that since other developers around the world upload to pandora
> importing crypto is fine in that jurisdiction.

It is.

Wichert.

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