On Tue, Jan 18, 2000 at 03:00:15AM +1100, Andrew Pam wrote:
[...]
> While I agree with the EFF position that there are still significant
> problems with the export regulations and that further changes are
> desirable, I believe that the new regulations now in place already permit
> encryption to be included in the standard Linux kernels as I suggested.
One real important note that we have to pay attention to is that
it permits encryption to be included in the standard Linux kernel SOURCES.
The issue of the distro makers and distributing compiled binaries is still
very sticky. Even if it comes from public sources, crypto binaries still
require a one-time technical review to export. We've come a long way, baby,
but we've still got some tip-toing to do yet.
The best way around this problem would be if the distro makers
would provide for crypto on the install disks in source form only and then
compile the sources into binaries as part of their normal install proceedure.
Means some work to provide for this install method but it gets around the
regulation problems and whether it's covered by 740.13(e) "Unrestricted
encryption source code" or by 740.17 "Encryption commodities and software
(ENC)". As long as we can keep it under the former, we are in MUCH better
shape.
BTW... I'm personally convinced that this distinction is no
accident. By restricting 740.13(e) to source only, the administration
effectively blows the "free speech" issue totally out of the water (other
than the little notification detail) while retaining most of their controls
over commercial binary software distribution. They also effectively
addresses the other "Bernstein" issue of separability and severability. If
740.13(e) is still found to be unconstitutional (which might be expected),
the courts can now address that by throwing it out but still retaining the
administrations right to control commercial binary distributions under
their right to regulate commerce without impinging on free speech. The
judge in the Bernstein case was ready throw out all of the regulations
because he couldn't find any way to sever them and address the free
speech issue while retaining the commerce aspect intact.
The net jist of all of this is that we need to keep an eye toward
installation from sources, so we can distribute as source, those things
where we still have some regulatory encumberances.
> Share and enjoy the crypto,
> *** Xanni ***
> --
> mailto:xanni@xanadu.net Andrew Pam
> http://www.xanadu.com.au/ Chief Scientist, Xanadu
> http://www.glasswings.com.au/ Technology Manager, Glass Wings
> http://www.sericyb.com.au/sc/ Manager, Serious Cybernetics
> P.O. Box 26, East Melbourne VIC 8002 Australia Phone +61 3 9419-2989
Mike
-- Michael H. Warfield | (770) 985-6132 | mhw@WittsEnd.com (The Mad Wizard) | (770) 331-2437 | http://www.wittsend.com/mhw/ NIC whois: MHW9 | An optimist believes we live in the best of all PGP Key: 0xDF1DD471 | possible worlds. A pessimist is sure of it!- To unsubscribe from this list: send the line "unsubscribe linux-kernel" in the body of a message to majordomo@vger.rutgers.edu Please read the FAQ at http://www.tux.org/lkml/
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