[net.lang.ada] Reply to Jerry's Export Control Memo

harbaughs@eglin-vax.UUCP (07/11/86)

Jerry,
    Read Gargaro's article again and note "- Department of Commerce 
Commodity Control List under the Amendments to Export Controls on Software
and Electronics Computers [Federal Register/ Vol. 50, No 81/85-04-26."
    Export Controls don't seem to have anything to do with DoD security.
A friend of mine with a small business had to buy a shredder for export
control documents which were unclassified. The rule seemed to be that
when he was done with the documents he had to shred them.
     We need some sound legal advice on this subject with regard to Ada.
I worry about Rick Conn et al shipping Ada Repository source code and
documentation out of the country. I would hate to see anyone in the Ada
community get prosecuted due to their zeal to help fellow professionals.
     It seems to me that AJPO should secure a lawyer to prepare a
"Export Controls Interpretation for Ada" white paper for the Ada
community.
regards, sam harbaugh
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Bryan@SU-SIERRA.ARPA.UUCP (07/12/86)

I agree with Sam.  We need some advice on this "export" issue.  The more
I think about it, the more it worries me.  I give Ada code and education
material to anybody who asks for it.  Also, I teach Ada to foreign
students every year.  Could I be prosecuted?  It seems this is something
the AJPO should be advising us on.

doug
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david@ztivax.UUCP (07/18/86)

If you want to be certain of avoiding the problems with the basically
anti-constitutional export control laws, then avoid doing anything at
all with the government.  There is a LOT of work in commerce where you
co not have to be concerned with the Big Brothers is Washington.  Ada
is a good thing to avoid for this specific reason.

As far as getting an attorney to "avoid" persecution for breaking
export regulations - forget it, it does not help.

FACT:  If you get PERSONAL, FACE TO FACE confirmation from the CHIEF OF
EXPORT CONTROLS in the state department that a certain "export"
requires no license, it does no good.  The SS under good old Edwin
Meese can still prosecute.

And you ARE "exporting" if there are non-USA citizens in the audience
when you give a paper, or a lecture.  Or if a non-USA citizen takes a
casual glance at the documents while relaxing in your office.  Or if
you take someting like that CAMP report for reading on a weekend in
Mexico.

Why?  Because the export control laws and documents are
SELF-CONTRIDICTORY.  Even if you get approval, if somewhere else it
mentions another section or type of license necessary, YOU LOSE, and
YOU LOSE _BIG_.  It is no-one elses responsibility but your own.  The
State Department is not liable if they issue you a license or say a
license is unneccessary, and some Meese-man randomly decides to come
after you.

I am really suprised any of you post things to the net at all.
Certainly this stuff is being read by non-USA citizens, and who of you
checks the complete volumes of the export control laws before posting?
Or gets an export license first?  Remember, YOU PERSONALLY are liable
for the substantial fines and imprisonment for violating those laws.
Not your company.  And you will not get out of it if you are charged.
No way.

Meese is especially concerned with catching people with any kind of high
profile (like leading Ada Standard groups, presenting papers, ...), so
watch out.  This is for real.  All you need to do is read the papers.
If you REALLY want a shock, get the court transcripts of some of the
export control violation persecutions.  They are an embarrassment to
the USA "justice" system.