Current eu regulations require an export licence for all products using symmetric algorithms with a key length over 56 bits. Nsa officials anticipated that the american encryption software backed by an extensive infrastructure, when marketed. The united states and other countries have limited the import, export, and use of encryption products due to the fact that they can be used to conceal illegal activity. Department of state greatly reduced the burdens and barriers to exporting open source encryption software, including export through publication. Encryption items include nonmilitary encryption commodities, software, and technology. At the moment, consider it a historical snapshot of the export controls as they were then. Apr 03, 2018 this guidance is provided to assist exporters to make their own assessment on the application of the cryptography note note 3 to category 5 part 2, information security as it appears in. Export military or dual use goods, services or technology. What constitutes encryption for the purpose of export. In the us, the export, re export, and incountry transfer of controlled goods, software, and technology dualuse items are controlled by a branch of the us department of commerce known as the bureau of industry and security through the export administration regulations ear.
These controls are agreed globally in the framework of the socalled wassenaar arrangement. Publicly available, public domain, and open source. Finally, the cryptography controlled under eccn 5a002 and 5d002 does not include fixed data compression or coding techniques. Furthermore the commerce control list published by bis states the following p. The us government requires notification of updates or modifications to strong encryption software already made publicly available when the original method for notification had been submission of a copy of the. For example, itar usml categories xib,d, and xiiib, l control software, technical data, and other items specially designed for military or. This guidance is provided to assist exporters to make their own assessment on the application of the cryptography note note 3 to category. Encryption and export administration regulations ear bis. Some products use encryption in a limited capacity e. When you leave the united states, you need to know your responsibilities under export control regulations.
The office of secure research supports ohio states research community on compliance with export control regulations and national security related regulations and obligations. These regulations focus on the destination countries, endusers and enduses of code, not the routing of packets as a file crosses the internet. Export controls for software companies what you need to know. However, a license exception tsu technology and software. For traders easy reference, the broad categorisation of encryption hardware, software and technology subject to control in schedules 1 and 2 to the regulations are set out below. Both delivery methods can qualify as an export under the ear. This will without doubt be one of the biggest worries among many when it comes to subjecting surveillance systems to export control. Mcafee products provide encryption features that are subject to the ear and other u.
Exports and reexports of mcafee products are subject to u. There are also other notes at the beginning of category 5 part 2 that try to exempt goods that have encryption in them but encryption is not the main function of the equipment. Jul 07, 2017 software in object code and source code that contains a certain level and type of encryption will also be controlled for export. The interpretation of this note in the uk has tended to be that it covers goods that can be purchased from outlets such as pc world. While the cryptowars as we understood them then may be over, the threat that export controls represent to the development and exchange of free and open source software continues to be a very real concern. Export of cryptography from the united states wikipedia. Endtoend encryption and a new understanding of technology. The export of such specialized software can require a license to certain destinations or end users. Apr 04, 2019 owner to control access to such data is not an export under the itar any transmission abroad or release to nonu. Certain software products employing digital techniques for encryption of data are subject to export controls in the eu member states pursuant to community law and relevant laws in the member states.
The uk strategic export control lists include finished items or systems, raw materials and components. Only after receiving an email confirmation from the eco may the researcher upload the code onto a publicly available website. Stack overflow for teams is a private, secure spot for you and your coworkers to find and share information. Our computers and cell phones, as well as the software programs that run on them, employ multiple encryption features. For export control purposes, software is defined as a collection of one or more programs or microprograms fixed in any tangible medium of expression. According to the us export administration regulations, if the site that hosts your code for downloading is physically located within the us, then you have to comply with us encryption export laws. These features have been approved for export from the united states, subject to certain requirements and limitations. This page provides export control information on mcafee software and hardware products.
Encryption exports and imports thomsen and burke llp. Accordingly, import and export of such encryption items are subject to licensing control under the import and export strategic commodities regulations of hong kong. The release of publicly available strong encryption software under the ear is tightly regulated. Commingled software or technology zonetime report required zpercentage of u. Jan 11, 2017 the uk strategic export control lists include finished items or systems, raw materials and components. Export controls and published encryption source code. Although such software no longer is subject to the onerous. Software in object code and source code that contains a certain level and type of encryption will also be controlled for export. Us department of commerce bureau of industry and security. Restrictions on export all commonlyused encryption methods use a key to enable encryption and decryption. Nevertheless, the lower burdens on export have opened the door for millions of people around the world to benefit from higher security. Export control for products using or containing data encryption. Department of commerces bureau of industry and security bis under the export administration regulations the ear.
Export from us of crypto software with keysize 56 bits. Notification after transmission or transfer of the software outside the us is an export control violation. Encryption software includes that which performs cryptography, cryptographic activation, cryptanalysis and computer security functions. Export controls on transferring technology, commodities. The doc controls software that is designed or modified to use cryptography for data confidentiality. Taking your device with encryption software installed to certain countries could constitute a violation of u. Mar 29, 2016 access control is defined as a security technique used to regulate who has the authority to view what data. In this webinar, you will learn about export compliance obligations for commercial encryption technology items. Before arranging for items to be shipped or conveyed electronically or otherwise outside the u.
Despite the legal victory in the bernstein case, open source software with encryption remains subject to u. Export control issues for companies using encryption software. In this respect, bis has taken care to only control realas opposed to theoreticalexports of controlled technology. Furthermore, encryption registration with the bis is required for the export of mass market encryption commodities, software and components with encryption exceeding 64 bits. The office is also working to enhance and support the research communitys ability to securely perform and manage restricted research projects and activity.
We encounter encryption when we withdraw cash from an atm or bank or shop online. Encryption component is an encryption commodity or software but not the source code, including encryption chips, integrated circuits etc. But many commonlyused encryption protocols now use key lengths of 1024 bits or more. Beware export controls on software, encryption, technology. Introduction to encryption export controls 1 bureau of industry and. In general, an export occurs when there is any transfer to any nonu.
A key in determining whether an export license is needed from the department of commerce is knowing whether the item you intend to export has a specific export control classification number eccn. Apr 10, 2014 meanwhile, the us and other countries have export control regimes to prevent the export, reexport or deemed export of sensitive dual use technology, data or services and other items to certain destinations or individuals for foreign policy reasons, such as national security, sanctions or boycott. Exporting technology and software, particularly encryption benjamin h. License exception enc authorizes export, reexport, and transfer incountry of systems, equipment, commodities, and components therefor that are classified under eccns 5a002, 5b002, equivalent or related software and technology therefor classified under 5d002 or 5e002, and cryptanalytic items classified under eccns 5a004, 5d002 or 5e002.
In particular if you are traveling with your laptop or any other electronic devices these items along with the underlying technology, any data on your device, proprietary information, confidential records, and encryption software are all subject to export control. The ear excludes from its control publicly available technology and software, except software classified under eccn 5d002 on the commerce control list certain encryption software, that are already published or will be published. Software regardless of focus that contains a certain level of encryption. Stanford researchers must email the university export control officer eco with the internet location or url of the earcontrolled strong encryption software before making the software publicly available regardless of medium. Encryption export controls became a matter of public concern with the introduction of the personal computer. A technology control plan tcp is a document drafted by the researcher in collaboration with the export control committee and their department chair specifying procedures that will be taken in order to safeguard and control access to information or items that are export restricted. Whether by electronic download or through the physical transfer via cdrom or flash drive, the release of software may require an export control license from the u. Encryption export terminology is defined in ear part 772. Phil zimmermanns pgp cryptosystem and its distribution on the internet in 1991 was the first major individual level challenge to controls on export of cryptography. Office of research compliance home office of secure research. Strong encryption export controls stanford university.
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