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10 December 1998: Add Dan's postscript.

7 December 1998

    From: Dan_Tebbutt@acp.com.au
    To: crypto@efa.org.au
    cc: gtaylor@efa.org.au, jya@pipeline.com
    Date: Mon, 7 Dec 1998 16:58:49 +1000
    Subject: Wassenaar changes

    [OK to repost to crypto lists and Cryptome - dant]

    I spoke this afternoon with one of the Australian delegates at the
    Wassenaar meeting, an official from the Dept of Foreign Affairs and Trade
    (DFAT).

    Speaking off the record, they confirmed the changes at Wassenaar are pretty
    much as we know already:
         - NEW CONTROLS on mass market crypto products (hardware and software);
         - DEREGULATING all weak encryption products using key lengths up to 56
         bits;
         - EXEMPTING mass market software where the key length is 64 bits or
         less;
         - EXTENDING the same mass market exemption to hardware for the first
         time;
         - EXCLUDING encryption products that protect intellectual property,
         such as digital watermarking;
         - NO DECISION was made about regulating 'intangible' distribution of
         technology, including Internet downloads.

    Apparently in the short term the intangibles issue is being considered in
    other fora (including the Nuclear Suppliers Group (NSG) which includes
    Australia thanks to Filthy Jabilucre et al).

    It is still not clear whether the new restrictions are intended to stop
    public domain software such as PGP*. The DFAT contact said there was no
    discussion about an intention to stop public domain packages like PGP. They
    did not think public domain was being restricted. Yet apparently the
    Australian DoD has expressed the David Aaron view that public domain is
    subject to the same restrictions as mass market.

    * PGP is "in the public domain" for the purposes of Wassenaar/DSGL, since
    the definition states:
         "in the public domain" (GTN NTN GSN), as it applies herein, means
         "technology" or "software" which has been made available without
         restrictions upon its further dissemination (copyright restrictions do
         not remove "technology" or "software" from being "in the public
         domain")

    Note: there is no equivalent definition for "mass market", but the General
    Software Note (GSN) states it thus:
         Generally available to the public by being:
            1. Sold from stock at retail selling points, without restriction,
            by means of:
              a. Over-the-counter transactions;
              b. Mail order transactions; or
              c. Telephone order transactions; and
            2. Designed for installation by the user without substantial
            support by the supplier;

    Dan
    =====
    Dan Tebbutt, Technology Journalist, Melbourne Australia
    Australian Personal Computer (http://www.apcmag.com)
    LAN Corporate IT (http://www.lanlive.com)
    The Australian (http://www.newsit.com.au)
    Ph: +61-3-9347-8893 Fax:+61-2-9264-6320
    Email: dant@acp.com.au
    "The revolution will be televised ... on pay-per-view."

    Date: Thu, 10 Dec 1998 15:05:52 +1000
    Subject: Public Domain and Wassenaar

    Apparently the Australian Dept of Defence spokesperson, speaking off the
    record, has conceded he was wrong and that Public Domain is *NOT* covered
    by the new changes. Small mercies.

    Dan