On Mon, Dec 16, 2002 at 03:10:28PM -0600, Bettley, Carolyn wrote:
> Would appreciate your advising what the ECCN classifications are for the
> following open source item:
>
> tethereal
Unfortunately, I don't have time to plow through all the "Category N"
items on
http://w3.access.gpo.gov/bis/ear/ear_data.html
to see whether any part of Ethereal fits into any of the categories, but,
according to
http://w3.access.gpo.gov/bis/ear/pdf/ccl0.pdf
it's not in the "NUCLEAR MATERIALS, FACILITIES, AND EQUIPMENT [AND
MISCELLANEOUS ITEMS]" category. It also contains no bayonets or
muzzle-loading (black powder) firearms, nor any restraint devices,
including thumbcuffs, leg irons, shackles, and handcuffs (although, even
if it contained any of the latter, you wouldn't need a license to export
them from the US to Canada, at least).
If somebody else wants to look at, say, "Category 4 - Computers",
"Category 5 (Part 1) - Telecommunications", or "Category 5 (Part 2)" -
Information Security", go ahead.
However, perhaps supplement 2:
http://w3.access.gpo.gov/bis/ear/pdf/774_sup2.pdf
could be argued to apply, even though Ethereal isn't "Sold from stock at
retail selling points, with-out restriction, by means of: 1. Over the
counter transactions; 2. Mail order transactions; or 3. Telephone call
transactions", at least not from the Ethereal Web site (unless
downloading stuff for free counts), even though it arguably is
"Designed for installation by the user without further substantial
support by the supplier" (given that few of us have time to provide
"substantial support" to the extent they probably mean), although that
doesn't apply to stuff controlled by Category 5 - part 2, and maybe some
of the WEP decryption, etc. puts it into that category.
