Encryption Export Controls

Tags: 1990s Amendment I Clinton Crypto Wars Crypto Wars I Export Controls

Authors: Grimmett, Jeanne J.

Published: January 2001

URL: https://irp.fas.org/crs/RL30273.pdf

Abstract: This report from the Congressional Research Service discusses existing U.S. export controls on encryption software, First Amendment Challenges to licensing regimes, and proposed export control legislation. First, the report provides background on both the Arms Export Control Act and the Export Administration Act, and how those statutory structures applied to governmental and commercial encryption software. Second, the report summarizes Federal Court decisions regarding the First Amendment in encryption, generally deciding cases based on whether the encryption was functional or expressive. Finally, the report describes the Security and Freedom Through Encryption (SAFE) Act and the Promote Reliable On-Line Transactions to Encourage Commerce and Trade (PROTECT), both as introduced in the 106th congress.