[comp.society.futures] UUCP to RUSSIA, Exporting Freeware

richmond@arc.CDN (charlie richmond) (10/23/87)

Joseph S. D. Yao <hadron!jsdy@uunet.uu.net>, writes:

>Interesting point.  Many people write "freeware" or "shareware" these
>days that is given away freely.  Since it's not commerce to not-sell
>something, commercial export bans really can't apply.  (Can they?  I'm
>not a lawyer, but this seems to fit into a legal nicety.)  What will
>the government do when some 7-year-old hacker writes a DES system and
>puts it on a free BBS?

Yes, indeed, those export controls can apply. Our province (Alberta) has
a scientific exchange agreement with a counterpart in China, and our
corporation sometimes allows Chinese engineers to return with some of the
technology (gratis) they developed during their one year tenure with us
(seems fair and is a nice "diplomatic" gesture). We discovered after a
few calls to Ottawa exactly how scrupulous we need be in such matters
[paraphrase of regulations follows]:

   Under the Export and Import Permits Act, export permits are required
 for a wide range of strategic goods and technologies as identified on
 the Export Control List (ECL). Additionally, permits are required for
 shipment of most goods to countries in the Area Control List (ACL).
 Failure to obtain an export permit when required may result in prosecution
 and penalties under the Act. [and these can be heavy]

  These controls are based on national security considerations and are actually
 determined on an international basis. Canada along with its NATO partners
 [so you guys south of the border are included in identical regulations] AND
 Japan [obviously!] participates in an a Coordinating Committee (COCOM)
 whose purpose is to maintain multilateral controls on the shipment of
 military and strategic goods and technologies to proscribed destinations.

The issue is clearly strategic, NOT economic (certainly the average vendor
wouldn't mind access to that extra one-third of the world); the fact that
we wish to export technology as a GIFT is not pertinent under the Act.
I rather suspect a defense based on "freeware" would not mitigate penalties
greatly!

Charlie Richmond

richmond@ARC.CDN                               Alberta Research Council
                                               P.O. BOX 8330, Stn F
                                               Edmonton, Alberta, CANADA
                                               T6H 5X2

     Note: I am not a member of the Bar of Alberta and the opinions
     expressed are personal only based on lay reading of the Act and
     regulations pursuant; nor do these opinions necessarily represent
     those of my employer.

imprint@orchid.waterloo.edu (U of Waterloo Student Newspaper) (10/25/87)

In article <154*richmond@arc.cdn> richmond@arc.CDN (charlie richmond) writes:
>
>Joseph S. D. Yao <hadron!jsdy@uunet.uu.net>, writes:
>
>>Interesting point.  Many people write "freeware" or "shareware" these
>>days that is given away freely.  Since it's not commerce to not-sell
>>something, commercial export bans really can't apply.  (Can they?  I'm
>>not a lawyer, but this seems to fit into a legal nicety.)  What will
>>the government do when some 7-year-old hacker writes a DES system and
>>puts it on a free BBS?
>
> determined on an international basis. Canada along with its NATO partners
> [so you guys south of the border are included in identical regulations] AND
> Japan [obviously!] participates in an a Coordinating Committee (COCOM)
> whose purpose is to maintain multilateral controls on the shipment of
> military and strategic goods and technologies to proscribed destinations.
>
>The issue is clearly strategic, NOT economic (certainly the average vendor
>wouldn't mind access to that extra one-third of the world); the fact that
>we wish to export technology as a GIFT is not pertinent under the Act.
>I rather suspect a defense based on "freeware" would not mitigate penalties
>greatly!
>
>Charlie Richmond
>
>
>     Note: I am not a member of the Bar of Alberta and the opinions
>     expressed are personal only based on lay reading of the Act and
>     regulations pursuant; nor do these opinions necessarily represent
>     those of my employer.

Well, I'm not a member of the bar either, but it seems to be
that software that can be downloaded by anyone with a modem
by direct phone call from anywhere in the world from public
access BBSs is not, reagrdless of what the regulations say,
"controllable". 

Rule one of rule making: never pass a law you cannot
enforce.

Secondly, I hardly think that uucp/fidonet/etc communication
protocols are of any strategic interest to anyone! I mean
there are Fido nodes in Poland, I've logged on to BBSs in
that country. And I hear from Tim Pozar that there are such
nodes in the USSR too. 

We are simply talking about an electronic version of the
post-office, and in case you didn't know, you can send
letters to the USSR. You can drop in the Soviet Embassy and
disclose any strategic secrets you happen to know. But if
you're like me, you don't know any. If someone is going to
violate strategic security, I hardly think a uucp connection
would be the channel of first choice!

If anything, it only makes it easier for "them" to monitor
the information flow.

It is interesting that the idea of open communication with
the USSR strikes fear into so many hearts. I thought it was
supposed to be the USSR that was "closed" to free flow of
information. I rather think the barriers on both sides are
comparable. It is exciting to contemplate the beneficial
effect on both sides of the iron curtain when a few more
holes are punched in it!

Doug Thompson