Great Circle Associates Firewalls
(January 1997)
 

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Subject: The Looong Reach of US Crypto-Export Controls (?)
From: Vin McLellan <vin @ shore . net>
Organization: The Privacy Guild
Date: Thu, 02 Jan 1997 19:51:25 -0500
To: firewalls @ greatcircle . com

Buried deep in the new Federal regs controlling crypto exports is a
little gem of potential interest to this List.  Plucked from an extended
discussion on the the Cypherpunks List:

> >But it _specifically_ restricts virus-checkers (and, also, it would seem, backup programs, but that could be stretching it):

> >ECCN 5D002.c.3:
> ># ``Software'' designed or modified to protect against malicious
> ># computer damage, e.g., viruses
	
	 Virus checkers, programs like Tripwire, and (some, many, or all?) US
firewall products are reported to be export controlled under the new
regs... and subject to sale-by-sale license and export approval.
Regardless of whether the software program uses crypto or not.  True?

	Software products which use Java applets and ActiveX controls (if they
also have anti-virus components, likely to be demanded by users, at
least in Europe) would also apparently fall within the new reg's
hyperactive scope.

	Suerte,
		_Vin

(PS: Any estimates of sales, market share, or jobs which will be
sacrificed if such a provision is enforced? Could the possibility of it
being enforced mute the industry's voice in public debate about a
domestic GAK law in '97? Any volunteers to explain to Congressmen that
many great programmers are born and bred outside US jurisdictions?)

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