Lutz Jaenicke wrote:

>There are three things to take care of:
>*Legality of using encryption:
> you can build and use any kind of cryptographic software in the US.
> If you ship sources to the world outside the USA, you have to inform
> the government of this fact (it does not require a permit, you just
> have to inform then once by). If you export binaries, you still need
> a permit, that however shall now be easy to obtain.
> That's how I understood the situation. I am german. I am living in
Germany.
> I write OpenSource. I thus don't have to care.


Trying to understand U.S. government controls on the export of strong
encryption is a bit of mystifying experience. The good news is that
(generally) until 1998, this was illegal. Now, it is possible, but the path
to success is buried in a maze of regulations. At the time of this writing,
it is anticipated that rules are again going to change in mid 2002. That
having been said, I'll offer my two cents on where to find information on
the subject.

An excellent matrix explaining licensing may be your best bet for
understanding the issues. (http://www.t-b.com/matrix.html)  However, the
matrix may not be entirely clear without chasing down the EAR regs.

The US Dept of Commerce Commercial Encryption Export Controls page
(http://www.bxa.doc.gov/Encryption/guidance.htm) is the official place to
start. It has a license exception chart
(http://www.bxa.doc.gov/Encryption/lechart1.html), and help on public open
source procedures
(http://www.bxa.doc.gov/Encryption/PubAvailEncSourceCodeNofify.html). Study
the export regulations (http://w3.access.gpo.gov/bis/ear/ear_data.html) and
try to understand the mess.  Failing that, try some other sites like EPIC
(http://www.epic.org/), Center for Democracy and Technology
(http://www.cdt.org/crypto/), and the Electronic Frontier Foundation
(http://www.eff.org/).

If you are releasing open source code on the Internet free of charge, then
you should be well-informed at this point. However, if any money is to be
made on the source or object code, either by you or one of your customers,
then you really need expert help. Expert help usually results in at least a
$3000 bill for a license exception request, so be ready.

David

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