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Date:      Fri, 4 Dec 1998 16:21:06 +0200 (SAT)
From:      Graham Wheeler <gram@cdsec.com>
To:        reg@shale.csir.co.za (Jeremy Lea)
Cc:        hackers@FreeBSD.ORG
Subject:   Re: Crypto policy [was: Can we just come to a decision on IPv6 and IPSec?]
Message-ID:  <199812041421.QAA03311@cdsec.com>
In-Reply-To: <19981204151923.A255@shale.csir.co.za> from "Jeremy Lea" at Dec 4, 98 03:19:23 pm

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> On Fri, Dec 04, 1998 at 01:32:47PM +0100, Andre Oppermann wrote:
> 
> I doubt there will be problems with internat.  South Africa is not part of
> this, and is not likely to be, considering our good diplomatic relations
> with China, Libya, Cuba and sometimes even Iraq.

According to the GILC 1997 International Survey on Encryption Policy
(http://www.gilc.org/crypto/crypto-results.html):

"According to the Commerce/NSA report, the South African government controls
encryption as a dual-use item on the General Armaments Control Schedule.
Exports of encryption require an individual validated license. The control
of encryption is under the jurisdiction of the South African Department of
Defense Armaments Development and Protection Act, 1968, No. R. 888, published
on May 13, 1994.

"An individual validated license is required for the import of encryption
software. A valid permit from the Armaments Control Division is required for
the import or transportation of cryptographic equipment or software. This
information is gleaned from State Department Johannesburg Cable 000951,
June 23, 1995.

"Ref: A Study of the International Market for Computer Software with
Encryption , U.S. Department of Commerce and the National Security
Agency, July 1995."

> To the South African's on the list:  Anyone have any ideas on the best way
> to get encryption enshrined as a constitutional right?  Better to be
> proactive than reactive.  I'm sure some argument about the need for
> individuals to protect themselves, to prevent an recurrence of the horrors of
> the past, would go some way.

One would have to take the issue to the Constitutional Court, which has a 
backlog of cases several months long. I'm trying to get some info out of
the Law Commission at the moment to get an idea of what sort of case we
would have. The constitution enshrines the right to privacy, and also 
the right to practice our trade, so I think we could have a good case. Also,
the export restrictions thrust upon the world by US pressure are so illogical,
and our constitutional court judges so impeccable, that I can't see such a
case being lost very easily (although I'm no lawyer).

But to take this up would take time and money, so I suspect in the end we
will be reactive after all...

-- 
Dr Graham Wheeler                          E-mail: gram@cdsec.com
Citadel Data Security                      Phone:  +27(21)23-6065/6/7
Internet/Intranet Network Specialists      Mobile: +27(83)253-9864
Firewalls/Virtual Private Networks         Fax:    +27(21)24-3656
Data Security Products                     WWW:    http://www.cdsec.com/




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