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BXA Issues Revised Encryption Export Regulations On October 18 the US Department of Commerce Bureau of Export Administration BXA announced further revisions to the export regulations on encryption products The new rules amend the Export Administration Requirements EAR and liberalize the export and reexport of encryption products to the 15 European Union member states and Australia the Czech Republic Hungary Japan New Zealand Norway Poland and Switzerland The Administration first stated its intention to update its encryption policy on July 17 2000 in response to the European Unions decision earlier that month to create a license free zone for most encryption technologiesCourt Rules that Crypto Source Code is Speech The US Court of Appeals for the Sixth Circuit ruled on April 4 that because computer source code is an expressive means for the exchange of information and ideas about computer programming it is protected by the First Amendment The court decision was issued in Junger v Daley a legal challenge to US export controls on encryption software The case in which EPIC filed an amicus brief will now return to a lower court for consideration of the impact of new US export regulations issued in JanuaryEPIC Releases International Crypto Survey On April 3 the Electronic Privacy Information Center released a study on encryption policies in 135 countries Cryptograpy and Liberty 2000 finds that that the trend toward relaxation of export controls is continuing but also that law enforcement agencies are seeking new authority and new funding to gain access to private keys and personal communicationsRevised Crypto Export Control Rules Released The US Commerce Department on January 12 announced the issuance of revised regulations governing the export of encryption products While permitting the export of previously controlled items the new rules maintain a complex and burdensome licensing scheme and retain substantial restrictions on the ability to exchange information concerning encryptionDraft Crypto Regs Fall Short of Administration Promises The Commerce Department has released draft
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