lb3 said:ABATTBQ11 said:aginresearch said:
The article says distributor almost every time. The article never directly says Ubiquiti. You know why? Because if it did it would be false and then the publisher would be liable.
They've found Raspberry PI 4 in Russian drones. Is the Raspberry Pi foundation selling equipment to Russia?
I bet you'd find some of your own company's equipment somewhere in the Russian military network. Doesn't mean you sold it to them.
You keep posting like Ubiquiti has no responsibility here because its distributors are the ones making illegal sales, but that doesn't make it true. Ubiquiti's compliance obligations involve screening its distributors for proper EAR adherence. They are supposed to be reviewing their policies, practices, transactions, and customer lists and ensuring they are only partnering with distributors who are compliant and abide by export controls. Making no attempt to identify a shady distributor who is making illegal resales or re-exports is no different than making no attempt to identify a shady end user illegally using your product. There is no difference between, "You knew what they were doing," and, "You could have known what they were doing but didn't bother to check," as far as EAR is concerned.
In this case, Ubiquiti does not seem to be doing their due diligence with their distributors, and not knowing who their distributors were selling to or how their products were being re-exported is not an excuse because they didn't bother to ask and verify. Just because Ubiquiti wasn't a part of the sale does not absolve them of responsibility and liability.
I hope your company isn't selling gear on NewEgg because I can assure you the Russian Mafia in the US is shipping sanctioned hardware overseas.
Not knowing where it is going is not the same as not asking. They have to at least show they made an effort to find out who the end users are, even if it was ultimately ineffective at stopping it from getting to Russia. Not being able to show they made the token effort will be a big problem for them.