Unformatted text preview: y are supposedly in the process of defining something called the “New Forum,” another multinational organization designed to stop the flow of military technologies to countries the members don’t particularly like. In any case, U.S. export policy on strategic goods is defined by the Export Administration Act, the Arms Export Control Act, the Atomic Energy Act, and the Nuclear Non-Proliferation Act. The controls established by all this legislation are implemented through a number of statutes, none of them coordinated with each other. Over a dozen agencies including the military services administer controls; often their regulatory programs overlap and contradict. Controlled technologies appear on several lists. Cryptography has traditionally been classified as a munition and appears on the U.S. Munitions List (USML), the International Munitions List (IML), the Commerce Control List (CCL), and the International Industrial List (IIL). The Department of State is responsible for the USML; it is published as part of the International Traffic in Arms Regulations (ITAR) [466,467]. Two U.S. government agencies control export of cryptography. One is the Bureau of Export Administration (BXA) in the Department of Commerce, authorized by the Export Administration Regulations (EAR). The other is the Office of Defense Trade Controls (DTC) in the State Department, authorized by the ITAR. As a rule of thumb, the Commerce Department’s BXA has far less stringent requirements, but State Department’s DTC (which takes technical and national security advice from the NSA, and always seems to follow that advice) sees all cryptography exports first and can refuse to transfer jurisdiction to BXA. The ITAR regulates this stuff. (Before 1990 the Office of Defense Trade Controls was called the Office of Munitions Controls; presumably this public relations effort is designed to help us forget that we’re dealing with guns and bombs.) Historically, the DTC has been reluctant to grant export licenses for encryption products stronger than a cert...
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- Fall '10
- Cryptography, Bruce Schneier, Applied Cryptography, EarthWeb, Search Search Tips