Exporting Restrictions on Export of Some Publicly Available Encryption Software Loosened

The Commerce Department's Bureau of Industry and Security (BIS) recently implemented a rule change that liberalizes the export of some publicly available mass market encryption software. Under the Export Administration Regulations (EAR) most publicly available software is not subject to export restrictions, but encryption software has been an exception to this rule. With implementation of this rule change, the BIS has recognized that applying EAR restrictions to publicly available software does not bolster export control policy, it only adds administrative delay to already publicly available software.

Background

Publicly available software is not subject to the export restrictions of the EAR. Certain publicly available encryption software has, however, remained subject to the jurisdiction of the EAR since the mid-1990s, when commercial items incorporating encryption functionality were transferred from the U.S. Munitions List and controls under the International