Number: RL30273
Title: ENCRYPTION EXPORT CONTROLS
Authors: Jeanne Grimmett, American Law Division 
Abstract: This report discusses encryption export controls, beginning with background on the development and use of encryption, and continuing with a description of export controls imposed under the Arms Export Control Act (AECA) and the Export Administration Act (EAA), as currently extended under the International Emergency Economic Powers Act. It discusses recent federal court rulings in First Amendment challenges to AECA and EAA regulations, including Bernstein v. U.S. Department of Justice, the May 1999 decision of U.S. Court of Appeals for the Ninth Circuit that affirmed an earlier district court ruling holding Department of Commerce export controls on encryption source code to be an unconstitutional prior restraint on protected speech. It includes a summary of 106th Congress legislation aimed at liberalizing law and policy affecting encryption exports.
Pages: 23
Date: Updated January 11, 2001