https://thehackernews.com/2021/10/us-government-bans-sale-of-hacking.html

The U.S. Commerce Department on Wednesday announced new rules barring the sales 
of hacking software and equipment to authoritarian regimes and potentially 
facilitate human rights abuse for national security (NS) and anti-terrorism 
(AT) reasons.

The [mandate](https://public-inspection.federalregister.gov/2021-22774.pdf), 
which is set to go into effect in 90 days, will forbid the export, reexport and 
transfer of "cybersecurity items" to countries of "national security or weapons 
of mass destruction concern" such as China and Russia without a license from 
the department's Bureau of Industry and Security (BIS).

"The United States Government opposes the misuse of technology to abuse human 
rights or conduct other malicious cyber activities, and these new rules will 
help ensure that U.S. companies are not fueling authoritarian practices," BIS 
[said](https://www.commerce.gov/news/press-releases/2021/10/commerce-tightens-export-controls-items-used-surveillance-private)
 in a press release.

The rule does not cover "intrusion software" itself, but rather the following —

- Systems, equipment, and components specially designed or modified for the 
generation, command, and control, or delivery of intrusion software 
([ECCN](https://www.bis.doc.gov/index.php/licensing/commerce-control-list-classification/export-control-classification-number-eccn)4A005)
- Software specially designed or modified for the development or production of 
systems, equipment, and components (ECCN 4D001.a)
- Software specially designed for the generation, operation, delivery, or 
communication with intrusion software (ECCN 4D004), and
- Technology required for the development, production, and use of systems, 
equipment, and components, and development of intrusion software (ECCNs 4E001.a 
and 4E001.c)

However, it's worth noting that the restriction does not apply when it comes to 
responding to cybersecurity incidents or for purposes of vulnerability 
disclosure, as well as for pursuing criminal investigations or prosecutions 
that may follow in the wake of digital intrusions.

It also doesn't apply when the items are being sold to any "favorable treatment 
cybersecurity end user," which could be a U.S. subsidiary, providers of banking 
and other financial services, insurance firms, and civil health and medical 
institutions.

The move is expected to align the U.S. with 42 European and other countries 
such as Australia, Canada, India, Russia, and South Korea, who are members of 
the [Wassenaar 
Arrangement](https://en.wikipedia.org/wiki/Wassenaar_Arrangement) that lays out 
voluntary export control policies on conventional arms and dual-use goods and 
technologies, including internet-based surveillance systems.

"The United States is committed to working with our multilateral partners to 
deter the spread of certain technologies that can be used for malicious 
activities that threaten cybersecurity and human rights," U.S. Secretary of 
Commerce Gina M. Raimondo said.

"The Commerce Department's interim final rule imposing export controls on 
certain cybersecurity items is an appropriately tailored approach that protects 
America's national security against malicious cyber actors while ensuring 
legitimate cybersecurity activities," Raimondo added

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