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TSU Notification

0

Dear Wireshark Community,

I have a question regarding EAR compliance for wireshark community mentioned at http://www.wireshark.org/export.html. Am I correct in assuming that TSU notification(s) have been submitted to [email protected] and to [email protected] so that Wireshark's encryption source code classified under ECCN 5D002 can be eligible for license exception TSU?

Regards, Makoto

asked 15 Oct '13, 01:01

arf193nm's gravatar image

arf193nm
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accept rate: 0%

edited 16 Oct '13, 05:11

Bill%20Meier's gravatar image

Bill Meier ♦♦
3.2k1850


2 Answers:

2

The notification was sent to [email protected] and [email protected] in 2006: http://www.wireshark.org/lists/wireshark-dev/200607/msg00303.html

answered 15 Oct '13, 08:26

Gerald%20Combs's gravatar image

Gerald Combs ♦♦
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accept rate: 24%

edited 16 Oct '13, 05:12

Bill%20Meier's gravatar image

Bill Meier ♦♦
3.2k1850

Thank you for telling me the information. I appreciate your support. If the internet location of the subversion repository remains unchanged, your one-time notification would cover subsequent updates/modifications of the encryption source code.

Makoto

(15 Oct '13, 17:35) arf193nm

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As it's mentioned on the export page

To the best of our knowledge, Wireshark falls under ECCN 5D002 and qualifies for license exemption TSU under Section 734.3(b)(3) of the EAR.

So, I don't think that anybody really submitted code to the mentioned addresses. However, the ECCN explanation for Mozilla mentions this

However as an open source product Mozilla (including NSS) is governed by section 740.13(e) of the EAR,

As Wireshark is also an open source product the same section can be applied (my interpretation!!)

In the ECCN explanation for Mozilla, it's mentioned

UPDATE: On his Export Control Blog Scott Gearity makes the point that ANYONE could request BIS review for NLR export of Mozilla-related binaries if they wanted to. This might be relevant for U.S. corporations bundling Firefox, Thunderbird, etc., with their software and/or hardware.

So, if you think you need a review, go ahead and send the code and/or the binaries to the addresses you mentioned and ask for a review. Please update here (for the benefit of others) if you ever get an answer.

Regards
Kurt

answered 15 Oct '13, 06:12

Kurt%20Knochner's gravatar image

Kurt Knochner ♦
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accept rate: 15%

Thank you for your reply. My question was resolved.

FYU, I recommend you to refer to EAR Part 740.13(e)(3) (at page 34 of the document updated on July 16, 2013).

(15 Oct '13, 20:40) arf193nm

good. I accepted the answer of @Gerald Combs for you.

(16 Oct '13, 03:03) Kurt Knochner ♦