Re: Wassenaar

Danny O'Brien (danny@spesh.com)
Thu, 10 Dec 1998 18:08:51 +0000


On the other hand:

* the treaty has to be enforced by national laws
* not every country agrees that Wassenaar can be enforced against
"intangibles"
* public domain software is excepted. By the more detailed provisions given
by the UK government at least, that includes all Open Source products.

d.

On Thu, Dec 10, 1998 at 05:30:22PM +0100, Robert Harley wrote:
> Well, the new text appears to be at:
>
> http://www.fitug.de/news/wa/
>
>
> The crucial bit is the "GENERAL SOFTWARE NOTE":
>
> http://www.fitug.de/news/wa/GTNGSN.html
>
>
> which has this added:
>
> >N.B. Entry 1 of the General Software Note does not release "software"
> > controlled by Category 5 - Part 2.
>
>
> However that extra note totally eviscerates the general software note.
> From:
>
> http://www.fitug.de/news/wa/Cat5P2.html
>
>
> ------------------------------------------------------------------------------
> Note 3 Cryptography Note
>
> 5.A.2. and 5.D.2. do not control items that meet all of the following:
>
> a. Generally available to the public by being sold, without
> restriction, from stock at retail selling points by means of any
> of the following:
> 1. Over-the-counter transactions;
> 2. Mail order transactions;
> 3. Electronic transactions; or
> 4. Telephone call transactions;
>
> b. The cryptographic functionality cannot easily be changed by the user;
>
> c. Designed for installation by the user without further substantial
> support by the supplier;
>
> d. Does not contain a "symmetric algorithm" employing a key length
> exceeding 64 bits; and
>
> e. When necessary, details of the items are accessible and will be
> provided, upon request, to the appropriate authority in the exporter's
> country in order to ascertain compliance with conditions described in
> paragraphs a. to d. above.
>
> Technical Note
> In Category 5 - Part 2, parity bits are not included in the key length.
> ------------------------------------------------------------------------------
>
>
> My insightful analysis: this sucks big-time.
>