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Encryption Export Controls
ОглавлениеThe Department of Commerce's Bureau of Industry and Security (BIS) sets forth regulations on the export of encryption products outside the United States. Under previous regulations, it was virtually impossible to export even relatively low-grade encryption technology outside the United States. This placed U.S. software manufacturers at a great competitive disadvantage to foreign firms that faced no similar regulations. After a lengthy lobbying campaign by the software industry, the president directed the Commerce Department to revise its regulations to foster the growth of the American security software industry.
If you're thinking to yourself, “These regulations are confusing and overlapping,” you're not alone! Export controls are a highly specialized area of the law that require expert legal advice if you encounter them in your work.
Current regulations now designate the categories of retail and mass market security software. The rules now permit firms to submit these products for review by the Commerce Department, but the review is supposed take no longer than 30 days. After successful completion of this review, companies may freely export these products. However, government agencies often exceed legislated deadlines and companies must either wait until the review is complete or take the matter to court in an attempt to force a decision.