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Microsoft not only firm banning IM access to U.S. enemy nations
May 29, 2009 07:55 AM ET
A lawyer who advises companies on OFAC compliance said that while offering communications services such as IM to sanctioned countries such as Iran or Cuba is not restricted by OFAC, offering software is. That's because software, even free apps downloadable from the Internet, are considered exportable goods, and thus can be banned by OFAC, according to the lawyer, who requested anonymity.
By that reasoning, Web-based e-mail such as gMail or Windows Live HotMail can't be banned by OFAC, he said. Nor would pure cloud-based services such as Salesforce.com or those hosted by Amazon.com's EC2 be affected by the ban.
However, Windows Live Messenger, which relies on a user download, can be, he said.
The rules are fairly strict. "You can't even send a pen or pencil to people in those countries," he said.
The lawyer said that OFAC has "been focusing efforts towards Internet and Internet-related activities in recent years." In 2003, online job search provider Monster deleted job postings and client resumes for residents in seven countries after a company review of OFAC compliance rules. In 2007, OFAC fined online travel agency Travelocity.com nearly $200,000 for booking trips from the U.S. to Cuba for five years.
The bans are unlikely to stop techie or resourceful citizens in banned countries from logging into these IM services, though.
Middle Eastern tech news site ITP.net reported earlier this week that Syrian residents were getting around the ban by simply changing their country/region in their Microsoft Web accounts.
Another simple potential workaround is to use one of many third-party instant messaging clients or Web sites that allow users to connect to multiple IM services, including Windows Live Messenger.
Still another, more technical, workaround is for residents of affected countries to hide their IP address by connecting through a proxy server first. Such services are already used by those interested in protecting their privacy online.
Read more about internet applications in Computerworld's Internet Applications Knowledge Center.
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