Export of cryptography in the United States refers to the process or act of sending cryptographic technology or related software, equipment, or knowledge from the United States to other countries. Cryptography, in this context, refers to the science and practice of encoding and decoding information to protect its confidentiality, integrity, and authenticity.
The export of cryptography in the United States is subject to various regulations and controls due to its potential impact on national security and foreign policy concerns. In the past, the U.S. government has implemented strict export controls on cryptographic technology to prevent it from falling into the wrong hands or being used for illicit purposes. These regulations aim to strike a balance between the benefits of promoting international trade and cooperation and the need for national security.
The export of cryptography in the United States is governed by both domestic laws and international agreements. Domestically, the main regulatory framework is the Export Administration Regulations (EAR) enforced by the Bureau of Industry and Security (BIS) under the U.S. Department of Commerce. Internationally, the Wassenaar Arrangement, an export control regime focusing on conventional arms and dual-use goods and technologies, also plays a significant role in shaping U.S. policies related to the export of cryptography.
The export controls on cryptography include licensing requirements, restrictions on certain technologies or algorithms, and limitations on end-users or countries deemed sensitive or embargoed. These measures are designed to safeguard U.S. national security interests, protect sensitive technologies, and maintain control over strategic capabilities that could be used in hostile or illegal activities abroad. The goal of these regulations is to strike a balance between facilitating legitimate trade, innovation, and cooperation while mitigating potential risks associated with the export of sensitive cryptographic materials.
