Hi gang,
Actually that notice is out of date. There is a new one dated
October 3, 2008 (73 FR 57495) and it can be seen at:
http://www.bis.doc.gov/encryption/default.htm
The part of this that is of particular interest is the following:
§ 740.17(b)(2) ENC “Restricted”
Review required with 30 day wait
* Applies to 5A002, 5B002, and 5D002
* Products authorized under (b)(2) include:
o network infrastructure products
o source code that is not “publicly available”
o certain specialized commodities and software
So open source bypasses the requirement for export control on
cryptography, which is classified as 5D002.
You also might want to consult:
http://www.access.gpo.gov/bis/ear/pdf/ccl5-pt2.pdf
which goes into some details, especially on page 5, second
column, were reference is made to:
Note: Encryption software is controlled
because of its functional capacity, and not
because of any informational value of such
software; such software is not accorded the same
treatment under the EAR as other “software”; and
for export licensing purposes, encryption software
is treated under the EAR in the same manner as a
commodity included in ECCN 5A002.
Note: Encryption software controlled for “EI”
reasons under this entry remains subject to the
EAR even when made publicly available in
accordance with part 734 of the EAR. See
§740.13(e) of the EAR for information on
releasing certain source code (and corresponding
object code) which would be considered publicly
available from “EI” controls.
Allen
Ali, Saqib wrote:
Does anyone have more info on the following:
http://snurl.com/75m3f
I couldn't find any other article that talked about it. The pay per
news is the only item I found.
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