[linux-elitists] in-kernel crypto

Don Marti dmarti@zgp.org
Tue Jun 17 15:36:58 PDT 2003

begin Greg KH quotation of Tue, Jun 17, 2003 at 03:25:57PM -0700:

> Not true, please see the following text at www.kernel.org:
> -----------
> Cryptographic Software
> Due to U.S. Exports Regulations, all cryptographic software on this site
> is subject to the following legal notice:
>     This site includes publicly available encryption source code which,
>     together with object code resulting from the compiling of publicly
>     available source code, may be exported from the United States under
>     License Exception "TSU" pursuant to 15 C.F.R. Section 740.13(e). 
> This legal notice applies to cryptographic software only. Please see the
> Bureau of Export Administration for more information about current U.S.
> regulations.

The Bureau of Export Administration (BXA) issued new regulations
regarding crypto export a few years ago.  The new regs are what
inspired such flame wars, I mean fruitful online discussions, as
"crypto in the kernel?" and "crypto in Debian main?"

BXA Encryption Export Regulations, Jan. 12, 2000

  ...unrestricted encryption source code
  not subject to an express agreement for the payment of a licensing fee
  or royalty for commercial production or sale of any product developed
  using the source code can, without review, be released from "EI"
  controls and exported and reexported under License Exception TSU.


  In addition, exporters of source code are not subject to Internet
  download screening requirements under 734.2(b)(9)(iii). Posting of the
  source code on the Internet (e.g., FTP or World Wide Web site), where it
  may be downloaded by anyone, would not establish "knowledge" (as that
  term is defined in the EAR) of a prohibited export or reexport...

Don Marti                Reform copyright law -- return abandoned works
http://zgp.org/~dmarti   to the public domain after 50 years:
dmarti@zgp.org           http://www.PetitionOnline.com/eldred/petition.html

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