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From: Philip Webb
Subject: LYNX-DEV SSL, Lynx & US Law
Date: Mon, 9 Dec 1996 02:31:48 -0500 (EST)

  Mr Richardson said 961208 re Canadian laws restriction export of encryption: 
>   Well, there is one. Not as strong as ITAR, but nevertheless it
> exists. We are a signatory to COCOM (which was a UN agreement and
> agency to keep control of crypto. COCOM is dead due to lack of US
> payment of UN fees).
-- so COCOM is a red herring.
>   Additionally, NAFTA has some provisions as well. (Hidden)
-- what? if they're hidden, no-one is likely to be prosecuted & has a defense.
>   Canadian companies have been charged in the past when they
> redirected shipments from the US to Canadian destinations to non-Canadians.
-- who? when? exporting what? to whom? charged in which country?
   if it was missile parts to iraq, that's not covered by the same law,
   not in canada anyway.
> However, see
-- i just read all 37 pp of it & STRONGLY RECOMMEND all of it to any lynx-dever
   who thinks there's a problem exporting an encrypt-enabled lynx from canada,
   as far as canadian law is concerned: its writer deserves a lot of thanks.
-- to summarise: there are only 2 countries -- iraq & libya --
   which are subject to total restriction on exports of any kind;
   there is a sort of caveat about re-exporting any goods from the us,
   but it's weak & hardly enforced; there's a catch-all exemption called
   General Export Permit # 12 which would allow export of any form
   of encryption; the writer gives a detailed account of his experiences
   applying to export encryption material from canada to the uk,
   which confirms that in practice there's no legal barrier.

Mr Bonomi said 961208 "Canada has a PRECISELY similar law on its books"
-- see previous

Mr Virden said 961208 "Some European countries make it illegal to use
  any kind of encryption"
-- which countries? serbia? belarus?

-- the replies so far, together with the mcmaster pages url'd above,
   simply confirm my point that ONCE an encrypt-enabled lynx has reached
   canada there is NO FURTHER problem IN PRACTICE making it available
   to the rest of the World (except Libya & Iraq, who aren't on the Net).
   of course, it MIGHT be a problem for people in the us who sent it here,
   but that hasn't been the focus of the discussion on lynx-dev.

-- about 10 years ago a Canadian got involved in some real-estate deal
   which went sour; a Florida judge issued a warrant for his arrest
   & he skipped bail & fled to Ontario; a couple of american bounty-hunters
   crossed the border, drugged him & kidnapped him back to Florida,
   where he was locked up in jail.  Big Diplomatic Fuss, fuelled
   by Canadian media.  eventually the bounter hunters were extradited
   & jailed by a Canadian court for kidnapping & the wanted man was released
   & charges against him dropped.

-- lynx is public-domain software; its development is an international effort;
   us law stops at us borders.  i still think it's paranoia
   & replies so far confirm my view.
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