Software, access, and realpolitik how should open source. Frequently asked questions about export control compliance. See section 734 for guidance on the definition of export, reexport, and transfer. B the access control system provides every requesting or receiving party with notice that the transfer includes or would include cryptographic software subject to export controls under the export administration regulations, and that anyone receiving such a transfer cannot export the software. A common example would be open source encryption source code available for free. On september 20, 2016, the department of commerces bureau of industry and security bis issued a final rule, revising 58 export classification control numbers eccns, adding two eccns, and updating technical definitions in the export administration regulations ear. Whether by electronic download or through the physical transfer via cdrom or flash drive, the release of software may require an export control license from the u. No, generally this is not a concern, as long as your research is not subject to restricted publication or access. Strictly commercial, dualuse, and less sensitive military commodities, software. Artificial intelligence software controlled for export. The export administration regulations ear are comprehensive, covering all usorigin hardware, software including source. Publicly available, public domain, open source educational information. They are administered by the bureau of industry and security, which is part of the us commerce department.
The ear excludes from its control publicly available technology and software, except. Github says chinese developers are safe from export. The linux foundation is a free and open source software organization whose project communities publish collaboratively developed software publicly. This information is not intended to replace the ear, but used in conjunction with the ear to assist you in the export of ibm s hardware and software. An export law examination huaweis export ban is wider in scope than most people imagine former us assistant secretary of export administration weighs in on huaweis. Program overseeing agency scope exporter responsibility resources. The impact of entry and competition by open source.
Reexport or release the software or the source code for the software. The export administration regulations ear distinguish source code from object code. Open source isnt public domain in the ip sense because it typically has an owner who. A new enigma machine or a mystery wrapped in a riddle margaret gatti and marynell devaughn june 9, 2016. The form and manner of this apache software foundation distribution makes it eligible for export under the license exception enc technology software unrestricted tsu exception see the bis export administration regulations, section 740. Open source encryption source code that is available for free online is an example. Information that is available to the public is excluded from export controls, however. Publicly available, public domain, and open source. Export controls and published encryption source code. Export administration regulations or the international traffic in arms regulations. The us department of commerce enforces the export administration regulations ear through the bureau of industry and security bis.
Us export laws require companies to declare what encryption technology is used in any software to be exported. Huaweis export ban is wider in scope than most people. The minimum antidiversion statement for goods exported under u. We have received inquiries regarding concerns about a member subject to an entity list ruling. Export administration regulations ear us department of commerces bureau of industry and security. I would like to use opencv in commercial software which will be sold in the u. Open source isnt public domain in the ip sense because it typically has an owner who provides it, often free, under a license that. Encryption technology in your code impacts export requirements. Use of external open source software open source software oss is software that allows its recipients to modify and redistribute the source code. Export controls for software companies what you need to. Both delivery methods can qualify as an export under the ear. Department of commerce s bureau of industry and security bis announced today it was seeking public comments on march 1025, 2020 the continuing need. From my understanding, the open sources software is not subject to encryption and export administration regulations.
Information on the export control status of ibm hardware and software products and comparison of ibm s hardware and software and the export administration regulations ear commerce control list ccl. Export control classification number eccn for opencv. This page provides detailed information on the export control status of the apache software foundations products, as well as pointers to the open source code from which those products are built asf projects and pmcs should consult our guide to handling cryptography in order to comply with our export policies. Github is based in san francisco and was bought by microsoft last year. The export administration regulations ear administered by the. Export of cryptography from the united states wikipedia. The old regulations allowed the export of open source to any. Two primary sets of export control regulations the export administration regulations ear regulate exports of commercial items with potential military applications so called dualuse items.
Encryption, open source and export control thoughtworks. Open source software not involving encryption the linux foundation is a free and open source software. Despite the legal victory in the bernstein case, open source software with encryption remains subject to u. When the clinton administration came to washington, encryption items were. Mass market encryption object code software that is made publicly available. The international traffic in arms regulations itar and the export administration regulations ear are two important united states export control laws that affect the manufacturing, sales. The form and manner of this distribution makes it eligible for export under the license exception enc technology software unrestricted tsu exception see the bis export administration regulations, section 740. Important changes to export administration regulations. If you choose to export liferay software or your modified copy of liferay software, it is entirely your obligation as an exporter to verify such information and comply with all applicable export control laws and regulations. Although such software no longer is subject to the onerous. Department of commerce, bureau of industry and security bis controls goods and information having either civilian or military uses through the export administration regulations. Us export administration regulations ear microsoft. Recommendations on export controls for artificial intelligence. The export administration regulations ear are comprehensive, covering all usorigin hardware, software including source code and.
For this reason, the legal department asks me about export control classification number eccn for opencv library. Note that as open source software, we are able to export source and binaries without a license, having complied with the notification regulations. The united states export control regulations are the most stringent and far reaching statutes that apply to encryption technology. The rule adds geospatial ai software to the export administration regulations. Morgan lewis webinar ear encryption regulations a new. At the end of july, github enforced access blocks for its software repositories in line with united states trade controls, including u. Fedora software and technical information may be subject to the u. The us export administration regulations ear generally do not apply to etsis activities, which involve open standard development and unclassified, published technology and software not. In general, the ear govern whether a person may export. Export controls for software companies what you need to know. Linux foundation statement on huawei entity list ruling. Tackling a software or encryption software export or deemed export.
This page provides detailed information on the export control status of the apache software foundations products, as well as pointers to the open source code from. The percentage of open source software oss that commercial software solutions are composed of is growing rapidly. Some time later, i sat down to really analyse the export administration regulations to look for solutions. Exploring cryptographic software in debians main archive. Commerce departments bureau of industry and security bis released an interim final rule controlling the export of certain artificial intelligence software relating to geospatial imagery analysis geospatial ai software. Us export requirements the regulations on us software exports come from the us commerce departments bureau of industry and security bis. They apply to a broad range of technologies, including integrated. Us government fines intels wind river over crypto exports. Open source software oss educational information information commonly taught in colleges or universities. The operating software is controlled under export administration regulations for national security reasons, and some of the export. The huawei entity list ruling was specifically scoped to activities and transactions subject to the export administration regulations ear. Nevertheless, the lower burdens on export have opened the door for millions of people around the world to benefit from higher security. The export administration regulations ear are a set of regulations found at 15 c.
Debian has filed the notification with the bureau of export administration and the national security agency that is required prior to export under the provisions of license exception tsu of the u. The use of open source makes complying with these regulations a tricky process. The ear broadly governs and imposes controls on the export and re export of most commercial goods, software. Published by the us commerce department in its export administration regulations ear, the commerce control list addresses dual use items, information and software that are primarily commercial in nature but also have potential military applications. Department of commerces bureau of industry and security bis under the export administration regulations the ear. What is the export classification of your product under the u. Amendment to the export administration regulations. Asf export classifications and source links apache software. The export administration regulations ear are comprehensive, covering all usorigin hardware, software including source code and technology.
Department of commerce, export administration regulations. The rules reference the export administration regulations the same regulations used to restrict huawei from accessing products and services made by us companies. By downloading fedora software, you acknowledge that you understand all of the following. Authorizes export to nongovernment endusers and government endusers. Department of commerce authority says,these commodities, technology, or software were exported from the united states in accordance with the export administration regulations.
These updates are important to most companies that export software, including providers of massmarket software. Publicly available, public domain, and open source sponsored. I want to make my research available as open source. It turns out that distributing nbis in an open source project. The linux foundation is a free and open source software organization whose project communities publish collaboratively developed software.
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