[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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