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From (David Robinson)
Subject Re: export restrictions & mirroring Apache at NCSA
Date Sun, 21 May 1995 16:08:00 GMT
Beth wrote:
> > Hmmm, is it okay for David to continue to allow access to Apache
> > (with hooks) from the UK ?... can we say that hyperreal is mirroring
> > his site so that it comes under "import" regulations instead of
> > export ?  :-)
>No.  In fact, if David allows export of the software (with hooks) from
>the UK, he is violating UK export restrictions and the UK equivalent
>of the NSA could come knocking on his door.  The treaty is an international
>agreement and in theory Europe has agreed to control export from their

I'd be interested in any evidence you have to support this assertion that it
would be illegal to export apache from the UK. There is no reason for the
interpretation or enactment of the treaty as legislation to be identical
in the UK as the US. Also, we don't have an equivalent of the NSA; the
enforcing agency would probably be H.M. Customs & Excise (or maybe
Cambridgeshire County Constabulary [local police]). Though I suppose
investigation of 'arms smuggling' might fall under the remit of MI5.

So I would have no qualms about exporting apache, given that it does not
contain any encryption. There are plenty of other items of software
which _do_ contain encryption that are on ftp servers around the country.

> Further more the state department considers colaborative
>research, making detailed implementation information, or specifications
>available to be the same as exporting it.  On top which, our laws are
>written in such a way that importing cryptography is legal, but once
>inside the country we can not export it even if we got it outside the
>US to start with.

Which means that where the software is exported from is a moot point.
As far as the US members of the Apache group are concerned, merely
collaborating on Apache is enough to break the law.


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