Export controls are not targeted at speech or ideas about the software. The best encryption software keeps you safe from malware and the nsa. Export controlsitar office of research integrity and. It is important to note that while the results of fundamental research information are not subject to export controls, any things such as materials, items, technology, or software generated under that research would be, or equipment used to conduct the research may be, subject to export controls and may require an export license. Export controls and trade compliance experience haynes. Encryption software includes that which performs cryptography, cryptographic. Prior to shipping research equipment or materials out of the country, work with your export control manager or vice chancellor for researchs office to determine whether an export license is required. Export control definitions office of sponsored programs and. But winzip is a tool that we know that does encryption.
The following is a comparison of ibm s hardware and software, and the export administration regulations ear commerce control list. It is intended as a general overview of issues related to the export of encryption software and is not exhaustive. Our computers and cell phones, as well as the software programs that run on them, employ multiple encryption features. Encryption and export administration regulations ear.
An eccn categorizes items based on the nature of the product, i. This will without doubt be one of the biggest worries among many when it comes to subjecting surveillance systems to export control. International travel and export controls office of. In short, the government controls encryption capability that permits encryption of data, but does not control encryption used only to verify user. Frequently asked questions about export control compliance ucop. Eu dualuse export regulations and encryption global export. The sharing, shipping, transmission or transfer of almost all encryption software in either source code or object code is subject to us export regulations see encryption export controls for a discussion of procedural requirements associated with transmissions or transfers of nc stategenerated encryption code outside of the us. Outside those countries, vshell software may be evaluated and licensed for personal, commercial, and most government use. Failure to make the code publicly available in a timely way may trigger the application of export control laws, including restrictions on deemed exports to nonu. 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. Questions about the application of export control regulations to specific situations should be directed to your sph export control officer or ellen berkman in the office of general counsel. Internationally, export controls are the strongest tool used by governments to. This page provides export control information on mcafee software and hardware products. Stony brook university created software and encryption introduction this guidance addresses export control compliance pertaining to the publication and commercialization of software including, but not limited to, any research or scientificpurposed software or cryptographic.
An eccn is a fivecharacter alphanumeric classification used in the ccl to identify items for export control purposes. Tackling a software or encryption software export or deemed export. However, to respect the international commitments of the eu and its members and to avoid the proliferation of nuclear, chemical, biological, and ballistic arms, the export of dualuse items is still subject to control. Furthermore, encryption registration with the bis is required for the export of mass market encryption commodities, software and components with encryption exceeding 64 bits 75 fr 36494. The computer industry has long argued that restricting exports of massmarket software programs with encryption capabilities is ineffective and harms u. 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. Export control office of sponsored programs carnegie. To reinforce this, and to avoid difficulties with federal export control regulations, researchers should upload stanfordgenerated encryption code onto a publicly available website as soon as possible. For export control purposes, software is defined as a collection of one or more programs or microprograms fixed in any.
Export controls on encryption software are concerned with its operational behavior with the fact that encryption software loaded onto a computer is an encryption device. Encryption software computer programs that provide the capability of. When export controls apply for example, when we use disclosurerestricted technical information to generate our fundamental research or hand carry items outside the us in. Export controls and open source software new america. Export of cryptography from the united states wikipedia. 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. Encryption export controls became a matter of public concern with the introduction of the personal computer. Department of commerces bureau of industry and security bis administers the export administration regulations ear that govern the export of commercial and dualuse goods, software and technology, including hardware and software containing certain encryption algorithms. To request software releases from outside these 31 countries, please contact vandyke sales. We also offer an expansive library of trade compliance webinars which explore more narrowly focused areas of international trade. Encryption items fall under category 5, part 2 for information security.
This broad definition of software controlled as technical data includes everything from system functional design. Sep 01, 2016 encryption software, however, is generally controlled based on the level and type of encryption involved and will generally be controlled under unique encryption export rules, even if it is incorporated into another item. You can take control over your export activities and know the laws controlling what you can and cannot export and to whom. They apply to a broad range of technologies, including integrated. Vshell can be exported worldwide under the enc export license exemption. For export control purposes, software is defined as a collection of one or more programs or microprograms fixed in any tangible medium of expression. Mcafee products provide encryption features that are subject to the ear and other u. Given that the theory, formulas, and methods of any program can be expressed in a form that is not. The purpose of this manual is to provide guidance on u. Taking your device with encryption software installed to certain countries could constitute a violation of u.
However, such research may give rise to export issues if the primary research is to be conducted outside of the u. Among the 28 member states of the european union eu, the circulation of goods and people has been free since 1993. Janet johnston, export control officer, office of sponsored. Is your software a defense article law firm of miller canfield. These items often come with preloaded encryption software which is subject to the department of commerce, export control regulations ear. Jul 07, 2017 beware export controls on software, encryption, technology. When you leave the united states, you need to know your responsibilities under export control regulations regarding the export of universityowned equipment, nonpublic technical information and encryption source code are subject to export control regulations, which means a license may be required to take or send it out of the u. Endtoend encryption and a new understanding of technology. 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. Beware export controls on software, encryption, technology. Export control system and the export control reform initiative congressional research service 3 implementing regulations the eca is implemented by the export administration regulations ear. These features have been approved for export from the united states, subject to certain requirements and limitations.
Export control system and the export control reform. Haynes and boone attorneys assist companies in complying with the u. The department of commerces exportadministration regulations ear makes an exception to licensing requirements for the temporary export or reexport of certain. Many unique definitions and specifications expansively control encryption software, even when embedded within software with mostly nonencryption functionality. Researchers commonly travel with commercially available electronic devices such as laptops, pdas, ipads, cell phones, drives, and other digital storage devices. The exception does not apply to any ear satellite or spacerelated equipment, components, or software, or to any technology associated with highlevel encryption products. Endtoend encryption and a new understanding of technology and software export controls. Export controls for software companies what you need to know. The ability to control effectively the export of the goods is therefore one of the key determinants that decide what items get put within the dualuse control list. So, can this encryption be subjected to exportimport control. Understanding export controls for encryption export. The united states export control regulations are the most stringent and far reaching statutes that apply to encryption technology. The department of commerces export administration regulations ear makes an exception to licensing requirements for the temporary export or reexport of certain items, technology, or software for professional use as long as the criteria in the export license exception tmp certification are met see uaa export control policy and program. The inclusion of software within the definition of technical data as software directly related to defense articles broadens the potential for itar to control software beyond software specifically listed on the munitions list.
The release of publicly available strong encryption software under the ear is tightly regulated. This web site provides information on the export control status of ibm hardware and software products. The export of items, technology, commercial software, and encryption code is subject to export control regulations this includes laptops, pdas and digital storage devices. The export administration regulations ear are comprehensive, covering all usorigin hardware, software including source code and technology. Only after receiving an email confirmation from the eco may the researcher upload the code onto a publicly available. Export compliance training institute comprehensive training.
941 20 1455 645 905 1577 780 529 236 1571 1081 1363 364 511 1027 802 14 595 1609 566 833 1354 1091 830 1050 127 204 1451 274 329 374