Subject: Re: Free Canadian hosting of NetBSD International with strong crypto.
To: Alicia da Conceicao <alicia@cyberstation.ca>
From: John Nemeth <jnemeth@victoria.tc.ca>
List: netbsd-advocacy
Date: 07/06/1999 11:42:06
On Jul 6,  5:01pm, Alicia da Conceicao wrote:
} David Maxwell wrote:
} > > > Americans in the NetBSD core can openly upload
} > > > (export) strong crypto to a Canadian ftp/web server, which anyone in
} > > > the world can download from, without breaking any US laws.
} > > As I understand it, that is not the case at all. ITAR explicitly
} > > makes it illegal for an American to make crypto code covered by
} > > ITAR available to foreigners, except Canadians. Thus, uploading
} > > the code to a server in Canada that then makes it available to
} > > foreigners is just as bad as setting up the server in the US.
} > I agree. The license always states (from a Canadian perspective)
} > (paraphrased) "You can export strong crypto from the US to Canada,
} > but the recipient (The Canadian citizen) must agree not to re-export
} > that to anywhere outside the US or Canada."
} 
} Okay, so there may be some hesitation by Americans to export to Canada.
} Then why not let me set up a machine with a NetBSD mirror.  I simply
} use a bot to log in to an American server, and copy the files onto a
} Canadian server.  That way, only I am the one doing the exporting.
} And since I don't care about stupid US laws, my company and I am more
} than willing to accept the consequences.  Would that be acceptable to
} all?

     Although, Canadians can legally export most crypto code, you are
explicitly forbidden from exporting stuff that you import from the
States, see:
http://insight.mcmaster.ca/org/efc/pages/doc/crypto-export.html Before
you do anything rash, I would strongly suggest that you consult a good
lawyer, who is up to date on crypto issues.  The gesture you made is
very nice, but not particularly realistic.

} > That statement has been so clear in every script I've seen, I don't
} > understand how the OpenBSD people feel they can ignore that.
} 
} Mind you if the US really wanted to cut down on violence and terrorism,
} they should restrict guns, not crypto.  I think the OpenBSD people are
} correct in ignoring it, since the US export laws are dubious, and I don't

     The OpenBSD people aren't ignoring it.  ITAR doesn't apply to
them.  The main OpenBSD FTP server is located in Canada, and its crypto
code was not developed by US Citizens.

}-- End of excerpt from Alicia da Conceicao