On Sat 27 Jul 2019 at 08:37:35 (+0200), Dominik George wrote: > >Export regulations do not apply to Open Source software (Debian is an > >example). > > Source?
Pick your format: http://www.epic.org/crypto/export_controls/finalregs.pdf https://epic.org/crypto/export_controls/regs_1_00.html “3. Also in §740.13, to, in part, take into account the "open source" approach to software development, unrestricted encryption source code not subject to an express agreement for the payment of a licensing fee or royalty for commercial production or sale of any product developed using the source code can, without review, be released from "EI" controls and exported and reexported under License Exception TSU. Intellectual property protection (e.g., copyright, patent, or trademark) would not, by itself, be construed as an express agreement for the payment of a licensing fee or royalty for commercial production or sale of any product developed using the source code. To qualify, exporters must notify BXA of the Internet location (e.g., URL or Internet address) or provide a copy of the source code by the time of export. These notifications are only required for the initial export; there are no notification requirements for end-users subsequently using the source code. Notification can be made by e-mail to cr...@bxa.doc.gov. “Review and classification are not required for foreign made products using this source code. Moreover, under §744.9, exporters of unrestricted encryption source code are not restrained from providing technical assistance to foreign persons working with such source code. In addition, exporters of source code are not subject to Internet download screening requirements under §734.2(b)(9)(iii). Posting of the source code on the Internet (e.g., FTP or World Wide Web site), where it may be downloaded by anyone, would not establish "knowledge" (as that term is defined in the EAR) of a prohibited export or reexport. Such posting would not trigger "red flags" necessitating the affirmative duty to inquire under the "Know Your Customer" guidance provided in Supplement No. 3 to Part 732. Otherwise, compliance with EAR requirements as to prohibited exports and reexports still apply.” Cheers, David.
