FAQ on UK law

Nicholas Cole nicholas.cole at gmail.com
Wed May 8 16:42:15 BST 2013


On Tue, May 7, 2013 at 8:02 PM, Peter Fairbrother <zenadsl6186 at zen.co.uk>wrote:

> On 07/05/13 10:43, Nicholas Cole wrote:
>
>> Dear List,
>>
>> Is there an FAQ anywhere on the state of UK law as it relates to the
>> development of cryptography and software that uses cryptography?
>>
>> I've read the Crypto Law Survey:
>>
>> http://www.cryptolaw.org
>>
>> and the rules surrounding domestic use are very clear.
>>
>> What is much less clear is the question of "export".  Does, for example,
>> hosting a piece of software like PuTTY or ssh or gnupg on a UK-based
>> website count as "export"?
>>
>
> I don't know, technically (see Lindqvist) but I suspect "they" could make
> it so if they really wanted to. IANAL though.
>
> However there is the GSN exception (as amended) in the Dual-use
> Regulations Schedules for software "in the public domain", so even if it is
> export, hosting open-source code goes is lawful.
>
>

All I can find is this:

https://www.gov.uk/export-of-cryptographic-items

which doesn't mention Open Source at all, but does list some restrictions
that would make it all too easy to be in contravention of the guidance,
since all four need to apply.  Am I missing some other document?

N.
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