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Mozilla Firefox Not In Violation of US Export Rules

darthcamaro writes "While the internet may know no borders, the US government does. There are a number of rules that affect software vendors, including encryption export regulations from the US Department of Commerce and export sanctions by the Department of Treasury. But what do you do when your application is open source and freely available to anyone in the world? Do the same the rules apply? It's a question that Mozilla asked the US government about. The answer they received could have profound implications not just for Firefox but for all open source software vendors. 'We really couldn't accept the notion that these government rules could jeopardize the participatory nature of an open source project, so we sought to challenge it,' Harvey Anderson, VP and General Counsel of Mozilla, told InternetNews.com. 'We argued that First Amendment free speech rights would prevail in this scenario. The government took our filing and then we got back a no-violation letter, which is fantastic.'"

25 of 127 comments (clear)

  1. Oblig xkcd... by Cheesetrap · · Score: 5, Funny

    http://xkcd.com/504/

    Oh, and FireFirst? :)

    1. Re:Oblig xkcd... by Cheesetrap · · Score: 5, Insightful

      Oh wow... Either /. searches and penalises for the letters f-i-r-s-t appearing in a primary post, or I just got bitchslapped at the speed of light.

      I apologise.

      Also, I should also mention the fact that legislation against encryption is ridiculously counter-productive; if the feds are after someone for any good reason, and that person is a criminal, they aren't going to respect such a restriction if they're already violating more serious laws. If all they succeed in doing is reducing legitimate commercial trade in such products, they're hurting themselves but at the same time improving the market tremendously for illicit dealers (note this observation applies to drugs as well, hmm).

    2. Re:Oblig xkcd... by NoYob · · Score: 5, Insightful

      Crypto just takes some smart folks to create it. I get the impression that the US Government doesn't believe that people outside its borders are capable of developing their own.

      --
      It's NOT me! It's the meds! I'm on 1000mg of Fukitol.
    3. Re:Oblig xkcd... by Chris+Burke · · Score: 3, Interesting

      If all they succeed in doing is reducing legitimate commercial trade in such products, they're hurting themselves but at the same time improving the market tremendously for illicit dealers (note this observation applies to drugs as well, hmm).

      Yeah, that's why the export restrictions were lifted in the late 90s. Because all it was doing was hurting our domestic encryption companies. Back then, when Mozilla was still Netscape, you had to assert that you were in the U.S. or download a version with weaker encryption. Free software that used strong encryption had to be hosted on sites outside the U.S.

      That was over 10 years ago. Now we still have restrictions about exporting to certain not-our-friend countries, but ultimately that's because (despite more cynical interpretations) we know that they can get this technology without our assistance, but that doesn't mean we're going to hand it to them.

      But while that makes sense for some technologies, it doesn't make much sense for a free software browser implementing SSL because for one there are plenty of other SSL implementations out there and for two us not handing it to them only leaves, oh, about a billion others more than happy to allow downloads from Iran.

      So look at that -- perhaps technically against the rules, but practically meaningless, and in the spirit of the law they decided there was no problem. Someone in the Commerce Department was wearing their thinking cap! Good for them, and good for Mozilla.

      --

      The enemies of Democracy are
    4. Re:Oblig xkcd... by msimm · · Score: 3, Insightful

      Right, criminals will still use it but the majority of the citizenry wouldn't and who is it the NSA is spying on again?

      --
      Quack, quack.
  2. It means they found a back door... by Joce640k · · Score: 4, Insightful

    Or some way to break the encryption, eg. they've got the boss of Verisign in their back pocket.

    --
    No sig today...
  3. So, according to our Government ... by NoYob · · Score: 5, Insightful

    However, that exemption is nullified if the source code is distributed to any of the countries on the U.S embargo list, such as Cuba, Iran or North Korea.

    Huh. I didn't realize that Cuba, Iran, and North Korea didn't have any mathematicians or anyone else that is capable of developing their own cryptography. Or that other countries that do not have a problem with those particular countries do not have that expertise either. I guess the US has a monopoly on that talent. It's a good thing that the US Government is embargoing crypto. It worked great for nuclear bomb technology after all!

    --
    It's NOT me! It's the meds! I'm on 1000mg of Fukitol.
  4. This is a common problem for OSS by MichaelSmith · · Score: 4, Interesting

    Why else would OpenBSD be distributed from Canada? And contributions of crypto code from the USA are very carefully checked IIRC.

    1. Re:This is a common problem for OSS by Cheesetrap · · Score: 3, Funny

      I could maybe understand this law making sense in the cold war era, and/or as it relates to hardware crypto, but it seems pretty irrelevant and ignorant for them to try and restrict the exchange of digital informa-- I'm sorry, for a second there I was thinking that politicians and legislators actually had a grasp on reality, please excuse my momentary lapse.

    2. Re:This is a common problem for OSS by Anonymous Coward · · Score: 5, Informative

      You're right. See their Crypto page. In fact, they build their binary releases only in Canada, Sweden, and Germany to avoid ITAR type restrictions.

  5. It is quite sad to note.... by dan_sdot · · Score: 3, Insightful

    ... that an innovative business like Mozilla needs to live in fear of the government and nervously await its blessing.

  6. Re:free speech by StikyPad · · Score: 5, Funny

    Moot. M-O-O-T.
    n. Of no practical importance; irrelevant.

    Mute is what people wish you'd be. Moot is what you are.

    </nerdrage>

  7. What we obviously need: by Hurricane78 · · Score: 4, Interesting

    A virtual country to own virtual propery, including software as this. A country which by definition has no rules of any kind, and is outside of every jurisdiction, because you can't sue or attack anyone from it. It would work like an encrypted multi-mirrored darknet. Every real server participating, would store a set of "random noise" data blocks on his systems. Nobody could decrypt it, including that server. Only people inside the darknet with access to their private block could. Nobody could delete it, because there would always be at least 3 copies, floating in the darknet, encrypted differently, so that you would not be able to know that they contain the same data.

    As an easter egg it would contain a honeypot, which would contain only one short sentence: "NOW WHAT, BITCHES?" ;)

    --
    Any sufficiently advanced intelligence is indistinguishable from stupidity.
  8. It's not just "free speech,"... by msauve · · Score: 3, Insightful

    but that thought, or words on a page, are very simply not munitions, disingenuous government definitions be damned.

    --
    "National Security is the chief cause of national insecurity." - Celine's First Law
  9. this has been known for years by Pretzalzz · · Score: 5, Interesting
    This is why the non-US archive for Debian went away.

    Prior to the release of Debian 3.1, United States laws placed restrictions on the export of certain defense articles, which, unfortunately, included some types of cryptographic software. PGP and SSH, among others, fell into this category. It was legal however, to import such software into the US.

    To prevent anyone from taking unnecessary legal risks, some Debian packages were only available from a site in Leiden, The Netherlands, until the release of Debian 3.1, which incorporates this software thanks to changes in United States law.

    You should not need the non-US archive unless you are using a version of Debian from before Debian 3.1.

    Debian 3.1 corresponds to 2005. I'm amazed that Mozilla was unaware of this and needed to ask someone.

    1. Re:this has been known for years by Nemyst · · Score: 3, Insightful

      They probably wanted a clear, black-on-white reply that they could present to court or to potential litigators should any threat arise. Better safe than sorry, they say?

    2. Re:this has been known for years by rattaroaz · · Score: 3, Interesting

      I'm amazed that Mozilla was unaware of this and needed to ask someone.

      Probably because if they asked Slashdot, everyone would be telling them to quit asking Slashdot and call a lawyer, so that's what they did.

  10. Re:free speech by Ronald+Dumsfeld · · Score: 4, Informative

    if firefox is shielded from these export restrictions because of first amendment protection wouldn't any open source implementation of strong encryption also be protected? wouldn't this make those export restrictions very nearly mute?

    Don't people remember what happened with Phil Zimmerman over PGP?

    The munitions classification on encryption software was used against him for posting the PGP source code on Usenet. They really, really wanted to nail him to the wall over that one.

    There was a certain irony in the restrictions on exporting crypto software deemed 'munitions'. You could take the source, publish it as a book in an OCR font (with the page numbers between comment delimiters), and export it anywhere in the world.

    --
    Where's the Kaboom?
    There's supposed to be an Earth-shattering Kaboom.
  11. Re:free speech by WNight · · Score: 5, Informative

    Yes, it contributed correctness to the world - always a good thing.

    Seriously, it also (if the original poster is able to take criticism) helped them avoid this mistake in the future, potentially in front of a prospective client/etc.

    There's a big difference between a typo or otherwise one-off failure and mistaking one word for another. It's nitpicking over typos because it's unlikely someone thinks 'teh' is correct, but when they use a word like mute in place of moot - not easily mistyped but easily mistaken - it's usually an indicator that they don't know better.

  12. Re:free speech by master5o1 · · Score: 3, Funny

    2. Moot
    n. The founder of 4chan.org
    Synonym: mootle.

    --
    signature is pants
  13. Mozilla General Counsel considered clueless? by bonze · · Score: 5, Informative

    Ho-hum. Unrestricted export of open-source products incorporating encryption from the US has been legal for quite a while. All you have to do is file an application with the Feds under the Export Regs Section 740.13 "TECHNOLOGY AND SOFTWARE -- UNRESTRICTED (TSU)" before you make the source and binaries available, and you don't have to screen downloads or worry if the Officially Designated Bad Guys download your code: your ass is covered.

    This war was won a loooong time ago by Philip Zimmermann when the Feds wanted to crush him for releasing PGP. All props go to Phil!

  14. The Regulation in point: by bonze · · Score: 3, Informative

    Section 740.13 (e) "(6) "Knowledge" of a prohibited export or reexport. Posting of source code or corresponding object code on the Internet (e.g., FTP or World Wide Web site) where it may be downloaded by anyone would not establish "knowledge" of a prohibited export or reexport. See Section 740.13(e)(4) of the EAR for prohibited knowing exports to Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria. In addition, 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 of the EAR."

    Just to establish that this is really... not news. Just PR, move along folks, nothing to see here.

  15. Its only semi-fantastic. by Seor+Jojoba · · Score: 3, Informative

    "The government took our filing and then we got back a no-violation letter, which is fantastic.'"

    Mozilla basically asked if it would be okay if Mozilla (not you, not me, not everybody else) could put strong encryption in their software. They didn't get a court ruling--they got permission. And there's nothing wrong with that, but it doesn't mean they are some champions of free speech rights. No, it means that they have successfully looked after their own interests. And other, particularly smaller, open source developers shouldn't expect to have the same good fortune in getting permission.

    Not to be too grumpy. It is good news that somebody was exempted from a stupid regulation.

  16. What the heck is going on today? by MoxFulder · · Score: 5, Interesting

    Did someone not tell me? Is it Government Does The Right Thing Day today???

    So far we have, in succession, on Slashdot:

    Not bad for one day. The cynic in me assumes all this is going to be reversed tomorrow... :-p

  17. Re:free speech by Watson+Ladd · · Score: 3, Interesting

    In fact Phil did just that to bring the code to Canada.

    --
    Inventions have long since reached their limit, and I see no hope for further development.-- Frontinus, 1st cent. AD