US Encryption Export Regualtion: US to EU: Me Too! — The United States Amends Its Export Controls on Encrption, Responding to Recent Developments in the European Union

Tags: 2000s Export Controls Law Enforcement

Authors: Thomsen II, Roszel C and Paytas, Antoinette D

Published: January 2001

URL: http://www.sciencedirect.com/science/article/pii/S0267364901001030

Abstract: This paper reviews the most recent changes to the US export controls on encryption items (referred to herein as the “US Regulations”) that were published in the US Federal Register on 19 October, 2000.1165 Fed. Reg. 62600 (2000). It describes how the decision by the European Union (EU) Council of Ministers on 22 June 2000, to create a license free zone for exports of encryption (and other) items (referred to herein as the “EU Regulations”) provided the initial stimulus for these changes. It also describes how the US Regulations fall short of matching the EU Regulations in some respects, while exceeding the EU Regulations in other respects. In addition, the authors offer recommendations for further reforms to the US encryption export control policy that might be addressed by the next administration in Washington. They conclude on a cautionary note, considering the possibility that the recent reforms to US encryption export control policy could be reversed in the future.