Edited by DJB, 2002.01.12, for the public record.


21 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.

Certain employees of the Department of State and the National Security
Agency have advised me that, before I may publish certain information, I
am expected or required to (A) register and (B) apply for a license.
Both of these actions appear to be impossible.

1. ITAR 122.2(a) requires that, if I register, I send you
``documentation that demonstrates that [I am] incorporated or otherwise
authorized to do business in the United States.''

I do not to my knowledge possess any document which I could send you in
satisfaction of this requirement. I have no idea what documentation
would demonstrate such a fact. I am not incorporated, and to my
knowledge nobody has ever authorized me to do business.

As mentioned in a separate letter I do not believe that I am required to
register. I also expect you to state in writing that I am not required
to register. However, if I _am_ required to register, how do you suggest
I satisfy this ITAR 122.2(a) requirement?

2. ITAR 122.2(a) requires that, if I register, my registration documents
be signed by an official whom I have ``empowered.'' And ITAR 120.1(c)
states ``All applications and requests for approval must be signed by a
U.S. person who has been empowered by the registrant to sign such
documents.''

Furthermore, ITAR 120.25 defines an ``empowered official'' as a person
who, among other conditions, must be ``employed by the applicant.''

I do not employ anyone. I have never, to my knowledge, ``empowered'' any
``official.''

If I am required to register or to submit a license application, how
would you suggest I satisfy this ITAR 120.1(c) requirement?

3. It is my understanding that any export license application must list
all end-users, grouped by country, and must include a signed statement
from each end-user.

It is obviously impossible to collect a list of all foreigners who will
see certain published data, let alone to have every foreigner submit a
signed statement.

It appears that ITAR bars publication, via the sheer impracticality of
applying for a publication license. What would you suggest I do (beyond
registering) in order to obtain a publication license, if I am required
to obtain such a license?

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