[ale] export controls?

[Watson, Keith]

> -----Original Message-----
> From: ale-bounces at ale.org [mailto:ale-bounces at ale.org] On Behalf Of Paul
> Cartwright
> Sent: Sunday, January 02, 2011 06:12
> To: Atlanta Linux Enthusiasts
> Subject: [ale] export controls?
> 
> does this affect linux at all?
> 
> http://www.foxnews.com/politics/2011/01/01/immigration-office-eases-
> foreign-worker-rule-employer-backlash/
> 
> U.S. Citizenship and Immigration Services, in pushing the new
> requirement, is effectively trying to enforce a law that's been on the
> books for years. Under the "export control" law, employers are
> prohibited from sharing certain technological data with foreign workers
> they bring on board without a license from the federal government. It's
> not a literal export of, say, automobiles or raw sugar. But the
> government considers it an export all the same, since a foreign worker
> could look at blueprints or some other technical plan in the United
> States and then "export" it to his or her country by simply returning
> home and replicating it.
> 
> 
> --
> Paul Cartwright
> Registered Linux user # 367800
> Registered Ubuntu User #12459
> 
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This is all part of International Traffic in Arms Regulations (ITAR). The article is referring to "Deemed Export" which is allowing a foreign national from an export restricted country to have access to export controlled material while inside the United States.

EXPORT LICENSING REQUIREMENTS FOR FOREIGN NATIONALS
http://www.ailf.org/lac/pa/lac_pa_071703.pdf


International Traffic in Arms Regulations
http://en.wikipedia.org/wiki/International_Traffic_in_Arms_Regulations


This is nothing new (except maybe having to declare up front you are in compliance). They have been enforcing deemed export.

University Professor Gets Severe Sentence For Deemed Export Violations
http://tradelawyersblog.com/blog/archive/2009/july/article/university-professor-gets-severe-sentence-for-deemed-export-violations/?tx_ttnews[day]=27&cHash=7232ca6273

http://preview.tinyurl.com/23x8ghy


I don't think it applies to Linux directly however, getting a clear ruling out of ITAR can sometimes be as difficult as getting a clear ruling out of the IRS. A good rule to follow is to tread lightly when it comes to encryption.

For actual practice here at GT I will have to defer to our campus lawyers and information security department.

keith

-- 

Keith R. Watson                        Georgia Institute of Technology
Systems Support Specialist IV          College of Computing
keith.watson at cc.gatech.edu             801 Atlantic Drive NW
(404) 385-7401                         Atlanta, GA 30332-0280