05-14-2021, 02:37 PM
Code:
General Software Note
Note: This note applies to all software controls in the Defence and Strategic Goods List.
The Defence and Strategic Goods List does not control “software” which is any of the following:
(1) generally available to the public by being:
(a) sold from stock at retail selling points, without restriction, by means of:
1. over‑the‑counter transactions; or
2. mail order transactions; or
3. electronic transactions; or
4. telephone order transactions; and
(b) designed for installation by the user without further substantial support by the supplier;
Note: Entry 1 does not release “software” specified in Category 5 — Part 2 (“Information Security”).
(2) “in the public domain”;
(3) the minimum necessary "object code" for the installation, operation, maintenance (checking) or repair of those items whose export has been authorised.
Note: Entry 3 does not release "software" controlled by Category 5 - Part 2 ("Information Security").
According to the above, I believe hashcat would fall under Entry (2). It further clarifies what that means using the following language:
Code:
“In the public domain” as it applies herein, means “technology” or “software” which has been made available without restrictions upon its further dissemination (copyright restrictions do not remove “technology” or “software” from being “in the public domain”).
Hashcat is distributed freely and openly on github under the MIT license. Our repo even states this:
"Licensed under MIT license, or dedicated to the public domain (BSD, GPL, etc. code is incompatible)"
That puts the code/software in the "public domain", clearing it of any restrictions under the DSGL.
However, i am not a lawyer and I can not be certain so please do not take my word for it. You will need to speak with someone who is legally able to give this sort of advice and present the above information to them for clarification.