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Import/Export
ОглавлениеThe federal government recognizes that the very same computers and encryption technologies that drive the internet and ecommerce can be extremely powerful tools in the hands of a military force. For this reason, during the Cold War, the government developed a complex set of regulations governing the export of sensitive hardware and software products to other nations. The regulations include the management of transborder data flow of new technologies, intellectual property, and personally identifying information.
Until recently, it was difficult to export high-powered computers outside the United States, except to a select handful of allied nations. The controls on exporting encryption software were even more severe, rendering it virtually impossible to export any encryption technology outside the country. Recent changes in federal policy have relaxed these restrictions and provided for more open commerce.
Two sets of federal regulations governing imports and exports are of particular interest to cybersecurity professionals:
The International Traffic in Arms Regulations (ITAR) controls the export of items that are specifically designated as military and defense items, including technical information related to those items. The items covered under ITAR appear on a list called the United States Munitions List (USML), maintained in 22 CFR 121.
The Export Administration Regulations (EAR) cover a broader set of items that are designed for commercial use but may have military applications. Items covered by EAR appear on the Commerce Control List (CCL) maintained by the U.S. Department of Commerce. Notably, EAR includes an entire category covering information security products.