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|  |  | To access the contents, click the chapter and section titles. Applied Cryptography, Second Edition: Protocols, Algorthms, and Source Code in C (cloth) (Publisher: John Wiley & Sons, Inc.) Author(s): Bruce Schneier ISBN: 0471128457 Publication Date: 01/01/96 Search this book:
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Part 121—The United States Munitions List § 121.1 General. The United States Munitions List Category XIII—Auxiliary Military Equipment (1) Cryptographic (including key management) systems, equipment, assemblies, modules, integrated circuits, components or software with the capability of maintaining secrecy or confidentiality of information or information systems, except cryptographic equipment and software as follows: (i) Restricted to decryption functions specifically designed to allow the execution of copy protected software, provided the decryption functions are not user-accessible. (ii) Specifically designed, developed or modified for use in machines for banking or money transactions, and restricted to use only in such transactions. Machines for banking or money transactions include automatic teller machines, self-service statement printers, point of sale terminals or equipment for the encryption of interbanking transactions. (iii) Employing only analog techniques to provide the cryptographic processing that ensures information security in the following applications.... (iv) Personalized smart cards using cryptography restricted for use only in equipment or systems exempted from the controls of the USML. (v) Limited to access control, such as automatic teller machines, self-service statement printers or point of sale terminals, which protects passwords or personal identification numbers (PIN) or similar data to prevent unauthorized access to facilities but does not allow for encryption or files or text, except as directly related to the password of PIN protection. (vi) Limited to data authentication which calculates a Message Authentication Code (MAC) or similar result to ensure no alteration of text has taken place, or authenticate users, but does not allow for encryption of data, text or other media other than that needed for the authentication. (vii) Restricted for fixed data compression or coding techniques. (viii) Limited to receiving for radio broadcast, pay television or similar restricted audience television of the consumer type, without digital encryption and where digital decryption is limited to video, audio or management functions. (ix) Software designed or modified to protect against malicious computer damage, (e.g., viruses). (2) Cryptographic (including key management) systems, equipment, assemblies, modules, integrated circuits, components or software which have the capability of generating spreading or hopping codes for spread spectrum systems or equipment. (3) Cryptographic systems, equipment, assemblies, modules, integrated circuits, components or software. § 125.2 Exports of unclassified technical data. (a) General. A license (DSP-5) is required for the export of unclassified technical data unless the export is exempt from the licensing requirements of this subchapter. In the case of a plant visit, details of the proposed discussions must be transmitted to the Office of Defense Trade Controls for an appraisal of the technical data. Seven copies of the technical data or the details of the discussions must be provided. (b) Patents. A license issued by the Office of Defense Trade Controls is required for the export of technical data whenever the data exceeds that which is used to support a domestic filing of a patent application or to support a foreign filing of a patent application whenever no domestic application has been filed. Requests for the filing of patent applications in a foreign country, and requests for the filing of amendments, modifications or supplements to such patents, should follow the regulations of the U.S. Patent and Trademark Office in accordance with 37 CFR part 5. The export of technical data to support the filing and processing of patent applications in foreign countries is subject to regulations issued by the U.S. Patent and Trademark Office pursuant to 35 U.S.C. 184. (c) Disclosures. Unless otherwise expressly exempted in this subchapter, a license is required for the oral, visual or documentary disclosure of technical data by U.S. persons to foreign persons. A license is required regardless of the manner in which the technical data is transmitted (e.g., in person, by telephone, correspondence, electronic means, etc.). A license is required for such disclosures by U.S. persons in connection with visits to foreign diplomatic missions and consular offices. And so on. There’s a lot more information in this document. If you’re going to try to export cryptography, I suggest you get a copy of the entire thing and a lawyer who speaks the language. In reality, the NSA has control over the export of cryptographic products. If you want a Commodity Jurisdiction (CJ), you must submit your product to the NSA for approval and submit the CJ application to the State Department. After State Department approval, the matter moves under the jurisdiction of the Commerce Department, which has never cared much about the export of cryptography. However, the State Department will never grant a CJ without NSA approval. In 1977 an NSA employee named Joseph A. Meyer wrote a letter—unauthorized, according to the official story of the incident—to the IEEE, warning them that the scheduled presentation of the original RSA paper would violate the ITAR. From The Puzzle Palace: He had a point. The ITAR did cover any “unclassified information that can be used, or adapted for use, in the design, production, manufacture, repair, overhaul, processing, engineering, development, operation, maintenance, or reconstruction” of the listed materials, as well as “any technology which advances the state-of-the-art or establishes a new art in an area of significant military applicability in the United States.” And export did include transferring the information both by writing and by either oral or visual means, including briefings and symposia in which foreign nationals are present. But followed literally, the vague, overly broad regulations would seem to require that anyone planning to write or speak out publicly on a topic touching the Munitions List must first get approval from the State Department—a chilling prospect clearly at odds with the First Amendment and one as yet untested by the Supreme Court.
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