Edited by DJB, 2002.01.12, for the public record.


20 September 1993

William B. Robinson
United States Department of State
Bureau of Politico-Military Affairs
Office of Defense Trade Controls
Washington, DC 20522-0602

Dear Mr. Robinson:

Please be advised that my mail delivery is not reliable. Whenever you
mail something to me, please also send a copy to Shari Steele, Director
of Legal Services, Electronic Frontier Foundation, 1001 G Street NW,
Suite 950E, Washington, DC 20001.

You faxed me a letter in early July in reference to my letter of June
30. I thank you for the promptness of your response. Unfortunately I
have not received the original copy of your letter. Please resend the
letter and its enclosures.

In response to my question about registration, you stated ``The fact
that you created Snuffle 5.0 as a hobby does not in itself exempt you
being a manufacturer of defense articles as defined in the ITAR ...
Based on the information you have provided to this office, it appears
that you should register.''

I do not fully understand your response. I have seven independent
questions. Your answers to these questions will help me understand
whether I am required to register. Please answer each question by
number.

1. Yes or no: When you say that I ``should register,'' do you mean that
I _must_ register?

2. You appear to believe that, merely by _writing down_ certain
information, I became an ``arms manufacturer.'' Yes or no: Is this
belief the State Department position?

3. You appear to believe that, merely for _writing down_ certain
information, I should register with DTC. Yes or no: Is this belief the
State Department position?

4. ITAR 122.1(a) requires registration only for people who engage in
``the business'' of making or exporting defense articles. However, in
your response, you stated ``U.S. law requires both manufacturers and/or
[sic] exporters of U.S. defense articles, related technical data or
furnishers of defense articles to register with the Department of
State.'' You appear to believe that a manufacturer of defense articles
must register _even if_ he is not in ``the business'' of manufacturing
defense articles. Yes or no: Is this belief the State Department
position?

5. ITAR 122.1(b)(2) removes the registration requirement for the mere
production of unclassified technical data. However, you appear to
believe that I am expected to register for the mere production of
snuffle 5.0. How do you explain the discrepancy between your statements
and ITAR 122.1(b)(2)?

6. ITAR 122.1(b)(4) removes the registration requirement for the mere
production of articles ``for experimental or scientific purposes,
including research and development.'' As I told you and as you
acknowledged, I created Snuffle 5.0 as a hobby. You appear to believe
that this fact does not exempt me from registration. How do you explain
the discrepancy between your statements and ITAR 122.1(b)(4)?

7. I am not in any ``business'' which has anything to do with snuffle
5.0. My current understanding is that snuffle 5.0 is ``unclassified
technical data.'' Furthermore my production of snuffle 5.0 was for
experimental and scientific research purposes. I believe that any one of
these three facts exempts me from registration. Yes or no: Do you
nevertheless believe that I am required to register?

Legal requirements aside, let me add a personal note. I am disgusted
that you refer to me as an ``arms manufacturer'' simply because I have
thought up and written down certain information. What happened to
freedom of thought and freedom of expression in this country? Don't you
have anything more useful to do than harass working mathematicians? I
regard your attempts to squeeze a $250 ``registration fee'' out of me as
outright theft.

Thank you for your kind attention.

Sincerely,

[signature]

Daniel J. Bernstein

cc: Shari Steele, Director of Legal Services, Electronic Frontier
Foundation, 1001 G Street NW, Suite 950E, Washington, DC 20001