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Date:      Fri, 14 Jan 2000 14:47:30 +1100 (Australia/NSW)
From:      Darren Reed <avalon@coombs.anu.edu.au>
To:        brett@lariat.org (Brett Glass)
Cc:        security@FreeBSD.ORG
Subject:   Re: Crypto regulations: Lucy pulls the football away?
Message-ID:  <200001140347.OAA24531@cairo.anu.edu.au>
In-Reply-To: <4.2.2.20000113202656.01d66100@localhost> from "Brett Glass" at Jan 13, 2000 08:31:45 PM

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In some mail from Brett Glass, sie said:
[...]
> >In §740.13, Technology and Software UNRESTRICTED, changes are made to 
> >reflect amendments to the Wassenaar Arrangement. Specifically, encryption 
> >software is no longer eligible for mass market treatment under the General 
> >Software Note. Encryption commodities and software are now eligible for 
> >mass market treatment under the new Cryptography Note in Category 5 - Part 
> >2 of the CCL. This Note multilaterally decontrols mass market encryption 
> >commodities and software <b><i>up to and including 64-bits</i></b>.
> 
> So, if I read the draft correctly, no open source crypto software that's 
> strong enough to protect anyone's privacy against a marginally competent 
> code cracker can be exported, even under the new rules. Am I off base here? 
> I hope I am, but I fear I'm not.

What does "Category 5 - Part 2 of the CCL" say ?

At first they say:

"encryption software is no longer eligible for mass market treatment under
the General Software Note."

but then go on to say:

"Encryption commodities and software are now eligible for mass market
treatment under the new Cryptography Note in Category 5 - Part 2 of the CCL."

And then goes on to say:

"This Note multilaterally decontrols mass market encryption
commodities and software <b><i>up to and including 64-bits</i></b>"

I read that as saying encryption software must be classified according to
"Category 5 - Part 2 of the CCL" to determine if it is mass market or not,
as opposed to whatever the "General Software Note" is.

Better yet, get a lawyer who does government stuff for a living to read
and advise.

Darren


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