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So if you're a U.S. software developer, perhaps opensource, working on something that uses encryption, how do you stay out of trouble?

Are you ok if you use standard libraries, rather than implementing your own crypto algorithms?



Publicly available encryption source code is exempt from the ECCN[1] according to the License Exception[2], section 740.13(e), provided you notify the BIS. But do read the documents, IANAL. Interestingly, though I'm EU based, but ECCN list is literally the same over here. Have been wading through these documents countless times.

[1] http://www.bis.doc.gov/index.php/forms-documents/doc_downloa...

[2] http://www.bis.doc.gov/index.php/forms-documents/doc_downloa...


And I think it is fairly easy to "self-classify" many kinds of encryption software, though you may have to file an annual self-classification report.




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