Peter Gutmann
24 Durness Pl.
Orewa
Auckland

2 February 1997

John Borrie
International Security and Arms Control Division
Ministry of Foreign Affairs and Trade
Private Bag 18 901
Wellington

Dear John,

Thankyou for the copy of "New Zealand's Controls on the Export of Strategic Goods", which arrived last week. After reading through this I have two further questions in addition to the ones I asked in my previous letter, which apply to the "General Technology Note" and "General Software Note".

First, is there any restriction on the distribution of books, magazines, and journals containing encryption code? I have a large number of publications containing both complete implementation details for all of the algorithms incorporated in cryptlib, and fairly complete source code which contains all the encryption functionality of cryptlib. These books and magazines are from all over the world. Are there any restrictions on shipping them to any other country?[1]

Secondly, you may be aware that I am a computer science student at the University of Auckland. Last year I wrote, as part of my research, a technical report entitled "Secure Online Electronic Commerce: The View from Outside the US". This covers various forms of encryption technology and software in some detail, and incorporates as part of the report the cryptlib code. Since printing this would make the report unmanageably large, it is included on a disk attached to the back page of the report. This is pretty much standard form for computer science reports, which often include large amounts of source code or software. The "General Technology Note" exempts basic scientific research from export controls. This technical report in its entirety represents basic scientific research published by a New Zealand university, and includes the right by recipients to disseminate it freely with no limitations on how it may be used. Are there any restrictions on sending the complete technical report to universities and researchers overseas?[2]

Yours sincerely,

Peter Gutmann


[1] The intent here was to determine whether taking a copy of (say) Dr.Dobbs Journal (a US computer magazine freely available all over the world) bought at a local dairy onto a plane as reading material, or a library sending one of their books overseas on interloan, would be prosecuted by MFAT.

[2] The intent here was to determine whether they would try to engage in the censorship of open academic research.