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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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Since the end of the Cold War, the CoCom countries realized that many of their controls were obsolete. They 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 certain level—not that they have ever been public about exactly what that level is. The following sections are excerpted from the ITAR [466,467]: § 120.10 Technical data. Technical data means, for purposes of this subchapter: (1) Information, other than software as defined in 120.10(d), which is required for the design, development, production, processing, manufacture, assembly, operation, repair, maintenance or modification of defense articles. This includes, for example, information in the form of blueprints, drawings, photographs, plans, instructions and documentation; (2) Classified information relating to defense articles and defense services; (3) Information covered by an invention secrecy order; (4) Software as defined in Sec. 121.8(f) directly related to defense articles; (5) This definition does not include information concerning general scientific, mathematical or engineering principles commonly taught in schools, colleges and universities in the public domain as defined in § 120.11. It also does not include basic marketing information on function or purpose or general system descriptions of defense articles. § 120.11 Public domain. Public domain means information which is published and which is generally accessible or available to the public: (1) Through sales at newsstands and bookstores; (2) Through subscriptions which are available without restriction to any individual who desires to obtain or purchase the published information; (3) Through second class mailing privileges granted by the U.S. Government; (4) At libraries open to the public or from which the public can obtain documents; (5) Through patents available at any patent office; (6) Through unlimited distribution at a conference, meeting, seminar, trade show or exhibition, generally accessible to the public, in the United States; (7) Through public release (i.e., unlimited distribution) in any form (e.g., not necessarily in published form) after approval by the cognizant U.S. government department or agency (see also § 125.4(b)(13)). (8) Through fundamental research in science and engineering at accredited institutions of higher learning in the U.S., where the resulting information is ordinarily published and shared broadly in the scientific community. Fundamental research is defined to mean basic and applied research in science and engineering where the resulting information is ordinarily published and shared broadly within the scientific community, as distinguished from research the results of which are restricted for proprietary reasons or specific U.S. Government access and dissemination controls. University research will not be considered fundamental research if: (i) The University or its researchers accept other restrictions on publication of scientific and technical information resulting from the project or activity, or (ii) The research is funded by the U.S. Government and specific access and dissemination controls protecting information resulting from the research are applicable. § 120.17 Export. Export means: (1) Sending or taking defense articles out of the United States in any manner, except by mere travel outside of the United States by a person whose personal knowledge includes technical data; or (2) Transferring registration, control or ownership to a foreign person of any aircraft, vessel, or satellite covered by the U.S. Munitions List, whether in the United States or abroad; or (3) Disclosing (including oral or visual disclosure) or transferring in the United States any defense articles to an embassy, any agency or subdivision of a foreign government (e.g., diplomatic missions); or (4) Disclosing (including oral or visual disclosure) or transferring technical data to a foreign person, whether in the United States or abroad; or (5) Performing a defense service on behalf of, or for the benefit of, a foreign person, whether in the United States or abroad. (6) A launch vehicle or payload shall not, by the launching of such vehicle, be considered export for the purposes of this subchapter. However, for certain limited purposes (see § 126.1 of this subchapter), the controls of this subchapter apply to sales and other transfers of defense articles or defense services.
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