Subject: Re: NetBSD Export Control List Clarification
To: Siju George <>
From: Bill Stouder-Studenmund <>
List: netbsd-users
Date: 04/06/2007 14:50:15
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On Thu, Apr 05, 2007 at 07:41:42PM +0530, Siju George wrote:
> HI,
> =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=
>    Please note that portions of this FTP site contain cryptographic
>    software controlled under the Export Administration Regulations (EAR).
>    None of this software may be downloaded or otherwise exported or
>    re-exported into (or to a national or resident of) Cuba, Iraq, Libya,

Please note the use of the word "re-exported".

>    Sudan, North Korea, Iran, Syria or any other country to which the
>    U.S. has embargoed goods.
>    By downloading or using said software, you are agreeing to the
>    foregoing and you are representing and warranting that you are not
>    located in, under the control of, or a national or resident of any
>    such country or on any such list.
> =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=
> I am from India.
> So inorder to avoid issues I normally use Non US websites to download=20
> Software.

Unfortunately that usually doesn't help. The fact you get the software
from a non-US source doesn't change the fact that the software is subject
to restriction. The way it works is that if someone outside the US
downloads the software, that person agrees to abide by those restrictions,
and that covers redistribution of the the software. Thus, if the EAR apply
to a given software package, you are still subject to them regardless of
where you get it from.

The way that getting the software from outside the US helps is if the
software originates outside the US. If you get the software via a method
that never enters the US, the restrictions never apply. Note however I
know that in the (long?) past the US has tried to have an export policy
that was unified amongst the NATO nations and Japan. So there may be
other, comparable, restrictions in place on software originating outside
the US.

Please note also that I am not trying to argue the politics of these=20
restrictions, I am only trying to point out what I perceive to be a gap in=
your attempt to avoid the EAR. As I am not a lawyer, this does not=20
constitute legal adive. :-)

Take care,


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