On Jul 22, 2013 2:30 AM, "Noel Butler" <noel.but...@ausics.net> wrote:
>
> On Fri, 2013-07-19 at 08:15 -0400, Michael Poole wrote:
>
>>
>> The only thing that US law has to do with anything is that the US --like
40 other countries, including
>> most of those already mentioned has implemented export controls under
the Wassenaar Arrangement
>
>
> The Wassenaar Arrangement is that, only an agreement, not being a treaty
it is unenforceable by those who don't want to honour it

Maybe true at a national level -- but the same is true of many treaties --
but absolutely irrelevant at the citizen level.  You are subject to your
country's laws whether they are enacted under, say, the Geneva Conventions,
the Wassenaar Arrangement, or the Rudd/Gillard Whim.

>>
>> Everyone else who has mailed on this thread so far is affected
>> by similar export controls.
>
>
> Complied with by a simple notice on ftp servers, and, funnily enough,
inside the package you need to open and read before building, when was the
last time you saw such a notice before downloading httpd, or postfix etc

I can't say for sure how the law is interpreted in Australia, but I rather
suspect it is like the US -- where there must be more significant efforts
to prevent unauthorized exports.  I haven't seen that kind of notice in a
long time, because laws relaxed after the Wassenaar Arrangement was
adopted, and now mostly the servers will just refuse to download files to
IP addresses from NoKo, Iran, etc.

>>
>> Anyone who feels outraged by "PRISM" type programs should read up on
>> their own local laws about mandatory key disclosure, lawful intercept
>> requirements, and the like; US law provides slightly more protections
>
>
> Luckily in Australia, one can not currently be forced to hand over keys,
and no intercept may take place without a specific named target in a court
order (I used to action such requests for a service provider over here), of
course the nannies running the country want to, and this year even tried
to, change this to bring in mandatory data retention, but the public outcry
and pending federal election has put a, at least temporary, stop on that
idea. It's recently been rumoured though that the defence signals
directorate (watered down NSA/GCHQ) has of course questionably obtained
information from NSA on locals under the "eyes of five" BS

Wikipedia and Electronic Frontiers Australia both disagree with you about
the requirement to hand over keys in Australia, and both of them cite the
Cybercrime Act of 2001 as the legislation that requires individuals to
disclose cryptographic keys or face prison time (even if the disclosure
would incriminate the person).

Argument by "of course" is not very convincing when it's made by someone
who shows so little understanding of the things he writes about.

Michael
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