Illegal export of crypto
- Posted by Jeff Zeitlin <jzeitlin at CYBURBAN.COM> Dec 30, 1998
- 444 views
I must speak, before things go too far. I work for a major law enforcement organization. When I was hired, I took an oath to uphold the laws of the jurisdiction I was in - which includes the United States and the state I am in, as well as the municipality. I am _required_ - by my own moral code, having taken that oath - and by the laws of this state, in certain circumstances - to report illegal activity. I have _barely_ enough leeway, in both cases, to be able to say that if I can't provide _proof_, I am not obligated to report it. And in some cases, I don't even have that leeway - for example, if I have reason to _suspect_ that a child is being abused, I am required to report it. These obligations hold whether I agree with the law in question or not. Under the circumstances, I must advise the members of this list - most especially Ralf - to _not_ discuss this matter on the list, or even assert a willingness or intent to violate any laws. Take it to private mail, if you must discuss it; that way, I will not be seeing it, and will not be obligated to report it. That said, there is a major loophole in the crypto laws that Ralf has stated his disagreement with: It is perfectly legal to export the source code in _printed_ form, i.e., on lots of paper. Yes, it's an asinine difference, especially given the ease of converting back and forth. However, the distinction has been upheld in U.S. courts, over the objections of the U.S. Government. I can avoid the need to report the intended violation of the law by noting that I am assuming that Ralf's intent, as a law-abiding citizen, was to simply take the necessary information from an interested party so that he could mail out a source book for the program/library in question. However, if it becomes clear that this is _not_ the intent, I will be obligated to report it. Don't force me into that distasteful position. -- Jeff Zeitlin jzeitlin at cyburban.com