Demystifying U.S. Encryption Export Controls

Tags: 1990s Export Controls Keys Law Enforcement

Authors: James B. Altman, William McGlone

Published: 1996

URL: https://heinonline.org/HOL/P?h=hein.journals/aulr46&i=507

Abstract: This 1996 law review article by James Altman and William McGlone seeks to offer practical insights on export controls of encryption software and the underlying policy consideration. First, this article establishes the landscape of encryption in global business and trade. Second, the article explains the U.S. export controls and licensing requirements in place in 1996, including the scope of laws, agency jurisdiction. Third, the article surveys various initiatives—including the Clipper Chip, the National Research Council Report, proposed legislation, as well as international alternatives—seeking to reform export controls. Finally, the article considers policy concerns such as freedom of speech and national security, their tensions, and their effects on litigation and the development of law.