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Distributing encryption software may break the law

Developers, distributors, and users of Free and Open Source Software (FOSS) often face a host of legal issues which they need to keep in mind. Although areas of law such as copyright, trademark, and patents are frequently discussed, these are not the only legal concerns for FOSS. One area that often escapes notice is export controls. It may come as a surprise that sharing software that performs or uses cryptographic functions on a public website could be a violation of U.S. export control law. Export controls is a term for the various legal rules which together have the effect of placing restrictions, conditions, or even wholesale prohibitions on certain types of export as a means to promote national security interests and foreign policy objectives. Export control has a long history in the United States that goes back to the Revolutionary War with an embargo of trade with Great Britain by the First Continental Congress. The modern United States export control regime includes the Department of State's regulations covering export of munitions, the Treasury Department's enforcement of United States' foreign embargoes and sanctions regimes, and the Department of Commerce's regulations applying to exports of "dual-use" items, i.e. items which have civil applications as well as terrorism, military, or weapons of mass destruction-related applications. Read more

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