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Date:      Tue, 19 Dec 1995 17:35:38 -0500
From:      Eric Siegerman <erics@now.com>
To:        sjb@universe.digex.net, Blas Zappa <jpw687@mail.usask.ca>
Cc:        security@freebsd.org
Subject:   Re: legal to export DES outside of the US via Canada?
Message-ID:  <951219173538.5102@now.com>

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Blas Zappa <jpw687@mail.usask.ca> wrote:
> At 12:48 PM 12/15/95 -0600, you wrote:
> 
> >U.S. law doesn't (normally) apply to Canadian citizens, even though the
> >U.S. LEAs seem to think it should, so, having received ITAR-controlled
> >code under the above exemption, the Canadian citizen may do with it
> >what he will.  It violates only the agreement he made with the
> >exporter, not law.  No one will come to get him,
> 
>   [...]
> if this is the
> case, and anyone wishes to export out of this continent I'd be glad to be a
> redistributor/courier..

I'd advise looking into just how Canada's ITAR exemption came to
be.  I don't know, but I find it rather hard to imagine the US
defence establishment allowing the exemption to be granted unless
the Canadian government had agreed to enforce the US rules when
it comes to reexporting, and had passed the laws necessary to
implement that agreement.

You may find CSIS or the RCMP on your case -- with *Canadian* law
on their side -- or it may turn out that the first person quoted
above is right, and you can reexport with impunity.  But it would
be wise to investigate *first*!

> >and the [American, I presume you meant] exporter
> >should be safe from judgements.

But not necessarily from harassment; just ask Steve Jackson.

Besides which, does anyone know what burden is laid by the
ITAR-exemption rule on Americans who export restricted stuff to
Canada under its terms?  It may make them legally responsible if
the Canadian they (legally) export to then re-exports without the
proper licences.  This may be hard to get a conviction on in case
of freeware, but "they" can make life pretty miserable in the
meantime.

> I really hate ridiculous, unenforcable laws...

But ridiculous, (semi-)enforceable ones are a whole lot worse.
Just ask Phil Zimmerman.

--

|  | /\
|-_|/  >   Eric Siegerman, Toronto, Ont.        erics@now.com
|  |  /
... that foreign country, the future, whither we are all
willy-nilly being deported...
	-- John Brunner




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