EU Crypto Free Trade Area

Peter Gutmann pgut001 at cs.auckland.ac.nz
Sat, 21 Mar 1998 13:23:31 (NZST)


>The note you have quoted is the same as the one I found, apart from the 
>exception in your version "With the exception of Category 5, Part 2 
>(Information Security),".  I am sure there was no such exception in the 
>Regulations I referred to.
 
In that case someone should apply for export permission to get a ruling from 
the DTI.  They can't deny the export without changing the regulations (the 
Canadian govt has already been through this).  You just need to be really 
persistent, having a lawyer to help you is also useful.  I've already tried
this for NZ, the result was the ridiculous ruling that you can't even publish
academic research of take a copy of Dr.Dobbs out of the country without a
government permit, which is unlikely to be granted.
 
>I think it is clear that PGP is in the public domain, but I do not know the 
>position on the other software you mention.
 
They both qualify as "in the public domain":
 
>`In the public domain' is defined as:
> 
>"`Technology' or `software' which has been made available without restrictions
> upon its further dissemination (copyright restrictions do no remove
> `technology' or `software' from being `in the public domain')".
> 
>(`technology' and `software' are further defined).
 
In any case the either/or clause applies to *any* mass-market software.  You 
could do the same for commercial products, although I guess companies wouldn't 
want to risk annoying the government.

There are links to both SSLeay and cryptlib on my crypto link farm, 
http://www.cs.auckland.ac.nz/~pgut001/links.html.
 
Peter.