mike3 <mike4ty4@[EMAIL PROTECTED]
> writes:
>Hi.
>Consider the following scenario. You sell someone a piece of strong
>encryption software. In this scenario, both you and the recipient are
>in the USA. But then that guy goes and ex****ts the software from the
>USA overseas. If his ex****t was illegal, can YOU be held liable, even
>if you had no intention of illegal ex****t?
No, unless they could show that you intended or knew he was going to do
that when you gave/sold him the crypto. In criminal law, intent is
critical
to the case. Ie, you have to have intended the criminal action.
>Is this what happened with Phillip Zimmermann & PGP? What would happen
>in such a situation these days, as I've heard the laws are different
>now than they were back then?
Phillip Zimmermann was never charged, never mind found guilty. It, I
believe,
was argued that he both knew and was complicit in the ex****t, but that
arguement never carried enough weight even to produce an indictment, never
mind a trial. Nor was the person who actually posted it ever indicted
AFAIK.
The laws are different. But illegal ex****t of crypto still carries huge
penalties. What is illegal is now different however. Thus, if you create
public open source crypto which you distribute for free, there are
essentially no restrictions, except that you must re****t it. However do
not
rely on legal advice you get from the net (and my comments are not legal
advice).
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