March 21, 1994 John Gilmore Generalist Cygnus Support 1937 Landings Drive Mt. View, CA 94043 +1 415 903 1418 +1 415 903 0122 fax ATTN: Commerce Classification Technical Support Staff U.S. Department of Commerce PO Box 273 Washington, DC 20044 Fax +1 202 482 5708 Subject: COMMERCE CLASSIFICATION REQUEST -- FOLLOWUP CCATS #: 40243 Handled By: Ballard Troy, EA/OTPA/ISTC, +1 202 482 2279 We filed a classification request on 23 Feb 1994 for the product "Kerberos 900104 bones.tar.Z patchlevel 6". We received a response dated 11 March 1994 and postmarked 15 March 1994, which did not answer all of the questions in the original request. This note is to restate the questions which we would still like answers on. Our original request said: We believe that we can make this product available to ALL destinations as publicly available software, under General License GTDA. It is currently available to the public in the United States without charge. See Supplement No. 2 to EAR section 799.1, note 2 ("General Software Note"). Please confirm that we can use the GTDA license. We would like an explicit decision on whether the Commerce Dept. agrees that the GTDA license is applicable to this software. As further clarification, this software is available to anyone on the Internet, without paying a fee and without knowing any private information such as a password. It can be accessed from the machine "athena-dist.mit.edu" using the standard FTP protocol, using the standard login name "anonymous" with any password. The software is in directory /pub/kerberos/dist/900104/bones.tar.Z. Its documentation is available as /pub/kerberos/dist/900104/doc.tar.Z.aa and doc.tar.Z.ab. We obtained the item and documentation from that location, and any other person could do so. Our original request also said: When exporting this product over telecommunications links, such as the Internet or an ordinary telephone line, it is not clear whether a Shipper's Export Declaration or a Foreign Trade Statistics Regulation statement must be filed, or who it should be filed with. This is particularly true when the file transfer is initiated by a foreign party without any human assistance on the U.S. end. It is frequently hard or impossible to know what telecommunications company is the carrier who actually moves the bits across the border -- if we can tell that an export is occurring at all! (When we receive a phone call or an Internet connection, we cannot tell who is calling, where they are in the world, or which of many competing domestic or international carriers handled their call.) Please guide us in this matter. We also need your guidance in this matter. You can respond by fax to +1 415 903 0122, attention John Gilmore, or you can phone for clarification or discussion to any of: John Gilmore +1 415 903 1418 David Henkel-Wallace +1 415 903 1407 Leonard Shambon +1 202 663 6648 Wilmer, Cutler & Pickering Stuart Weiser +1 202 663 6251 Wilmer, Cutler & Pickering The last two are lawyers representing Cygnus. John Gilmore Generalist Cygnus Support enclosure: copy of original CCATS request letter John Gilmore Generalist Cygnus Support 1937 Landings Drive Mt. View, CA 94043 +1 415 903 1418 +1 415 903 0122 fax ATTN: Commerce Classification Technical Support Staff U.S. Department of Commerce PO Box 273 Washington, DC 20044 Fax +1 202 482 5708 Subject: COMMERCE CLASSIFICATION REQUEST (ECCN REQUEST) We would like to export authentication software for computer networks. The product is called "Kerberos 900104 bones.tar.Z patchlevel 6". It has already been cleared by the State Department in OTDC Case CJ-012-94. The State Dept. reports that the CJ was referred to the Commerce Dept. for review, so you may have a record of it. Please see the technical details in the attached Commodity Jurisdiction Request, State Dept. response, technical paper on the software, and list of changes made to increase its exportability. We believe that our ECCN is 5D11A. The software is for information security, though the cryptographic code has been removed from it in order to make it easier to export. Please confirm or clarify our belief. We believe that we can make this product available to ALL destinations as publicly available software, under General License GTDA. It is currently available to the public in the United States without charge. See Supplement No. 2 to EAR section 799.1, note 2 ("General Software Note"). Please confirm that we can use the GTDA license. When exporting this product over telecommunications links, such as the Internet or an ordinary telephone line, it is not clear whether a Shipper's Export Declaration or a Foreign Trade Statistics Regulation statement must be filed, or who it should be filed with. This is particularly true when the file transfer is initiated by a foreign party without any human assistance on the U.S. end. It is frequently hard or impossible to know what telecommunications company is the carrier who actually moves the bits across the border -- if we can tell that an export is occurring at all! (When we receive a phone call or an Internet connection, we cannot tell who is calling, where they are in the world, or which of many competing domestic or international carriers handled their call.) Please guide us in this matter. Thank you! John Gilmore Generalist