On Sat, May 19, 2007 at 07:04:19PM -0500, Mark Reitblatt wrote:
> On 5/19/07, Theo de Raadt <[EMAIL PROTECTED]> wrote:
> >> > Can you quote a specific US law that says so?
> >>
> >> There is no need. US Law defers the specific details to regulatory
> >> agencies. The ruling in Junger v. Daley conferred protected speech
> >> status upon source code. That means no restrictions for open source
> >> code in terms of exportation requirements. This policy is simply
> >> reflecting a constitutional requirement. No US law is needed.
> >
> >Yeah, right. Those of us looking from the outside do not have such
> >simplistic views of the US, sorry.
>
> Your unreasoned paranoia/ignorance is hardly a useful excuse. A
> federal appellate court ruling establishing protected speech status of
> open source code is pretty damn strong. Stronger than a law passed by
> Congress at any rate. Especially when compared to other nations, like
> Canada, that have the power to ban speech they deem "hateful". The US'
> most strongly protected right is that of free speech, and that is the
> Constitutional protection that has been extended to keep the
> government's hands off of open source crypto code.
>
> It's certainly at least as strong as any other government's current
> lack of interest in regulating crypto exports. Which you seem more
> than happy to rely upon.
>
> >
> >But our viewpoint is not purely about OpenBSD as open source. We
> >make our code available for people to use in a commercial setting,
> >so we must meet a higher standard.
>
> There is no difference. Since the source code originates from the US
> as open source, it is untainted once exported. Therefore, once is has
> been exported, there is no legal distinction between it and code
> originating in Canada or Sweden.
>
> >
> >As the only completely operating system focused on staying outside the
> >realm of US crypto export POLICY, we don't intend to change our
> >approach.
>
> And nothing need be changed. Once the public code has been exported
> from the US, it is not subject to US jurisdiction or policy any more
> than code written elsewhere.
>
> --
> Mark Reitblatt
>
The entire world is not the US. The entire world AND the US is addressed
by OpenBSD.
