How to Understand U.S. Government Regulations About Privacy Software

In September 1999, the White House issued a statement outlining a revised set of regulations on privacy software (previously, encryption products could not be sent out of the United States or Canada). The following summary has been adapted from White House press releases.

Difficulty: Moderately Easy

Instructions

Things You'll Need:

• Privacy Programs

1. Understand that under the new rules any encryption software or commodity can be exported without a license to nongovernment bodies in nonterrorist nations outside the United States after a U.S. government technical review.

2. Recognize that retail encyption software and commodities can be exported to anybody, including governments, in nonterrorist countries outside the United States after a U.S. government technical review.

3. Realize that encryption software and commodities can be used by foreign companies to communicate outside the company. Previously, certain products were restricted to internal use. There are no restrictions on the use of retail encryption products.

4. Understand that the U.S. government will maintain post-export reports on the use of encryption products by foreign bodies in order to ensure that U.S. regulations are followed.

5. Discover that foreign nationals can work on encryption within the United States without export licenses.

Tips & Warnings

• The White House plans to have these new regulations in place by Dec. 15, 1999.
• Retail encryption products are intended for individual use and are generally sold by independent merchants.
• If you intend to send someone encryption software, still be sure to check that the United States does not consider the recipient's country a "terrorist nation" and that the technical review has taken place.