Re: Linux 2.2.20pre10

From: Adrian Bunk (bunk@fs.tum.de)
Date: Mon Oct 22 2001 - 14:38:00 EST


On Mon, 22 Oct 2001 Wayne.Brown@altec.com wrote:

> I never said that Alan, or any particular individual, should risk a lawsuit or
> jail. I simply said that I hoped *someone outside the US* (that is, someone not
> subject to US laws) would make the information available. Surely there are
> places in the world that are beyond the reach of the DMCA. How about those

Where in the world do you find "someone not subject to US laws"? Someone
who develops a program in Russia gets arrested in the USA. And with the
"Hague Convention on Jurisdiction and Foreign Judgments in Civil and
Commercial Matters" [1] it will become much more easy for US companies for
sue people outside the USA...

> European sites that made strong encryption available to circumvent the US export
> restrictions on encryption technology? I never heard of the FBI raiding any of
> them.

That's a completely different thing: It is and it was always legal to use
encryption technology inside the USA and to import it into the USA (read:
downloading it from outside the USA is some kind of import). The only
thing that was (and is still under some circumstances) forbidden is the
export it from the USA. That means that in this case there are _no_ legal
risks for you when you offer encryption technology on a server that is
located outside the USA - and this is quite different from the DMCA
problems.

> Wayne

cu
Adrian

[1] An article in German about it that includes a pdf with the English
    text of the proposal is at
      http://www.heise.de/newsticker/data/jk-15.10.01-001/

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