[Noisebridge-discuss] Deep Crack

Jacob Appelbaum jacob at appelbaum.net
Thu Oct 8 06:40:33 UTC 2009


Jason Dusek wrote:
> 2009/10/07 Jacob Appelbaum <jacob at appelbaum.net>:
>> I had a conversation with John Gilmore today about picking up
>> Deep Crack. During our discussion, I asked John about donating
>> the machine and about a receipt and so on. To my surprise, he
>> isn't ready to transfer ownership of the machine to
>> Noisebridge at this time. This outright solves any tax
>> concerns, although such concerns would have been John's burden
>> anyway (it's up to him to value the item, not us -- we just
>> confirm that we received an item).
> 
>   I would like to see this work out; while the terms of the
>   offer are apparently not what is usual, it is simple legalism
>   to insist on them given the nature of the offer -- it is more
>   like an exhibit than a donation. We wouldn't want to be unable
>   to accept exhibits, would we?
> 

I present this as a tool for a project.

>   Some people have pointed out that we are unable to offer a
>   guarantee of safety for the machine. This is regrettable but
>   true. However, I will make a best effort to ensure people are
>   not, you know, putting coffee cups on it or whatever. If
>   appropriate, I can offer it water or incense.
> 

It seems true of anything brought into the space.

>> I'm going to lead a time limited project involving Deep Crack.
> 
>   It would be nice to know how limited -- 6 months?
> 

I was actually thinking something like one or two months.

>> From a legal perspective, I do not believe that being near the
>> Deep Crack machine is going to pose a problem for non-US
>> citizens. [...snip...] I have stood next to a non-US citizen
>> holding a part of the machine. As I understand it this is not
>> a violation of ITAR in spirit or in the letter of the law.
>> I'll talk with John about this tomorrow too. [...snip...] I do
>> however believe that a non-US citizen should not attempt to
>> run or use the machine. [...snip...] I will attempt to talk
>> with the relevant legal minds at the EFF...
> 
>   This is a reasonable start on the legal questions; I hope
>   we'll have an answer on these things soon. It would be
>   unfortunate if we find we have to remove the thing (though we
>   may be able to get away with something like curtains marked
>   "Stay Back! US Citizens Only").
> 

I've emailed the EFF and I hope to hear back soon.

Best,
Jake

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