BIS Says Anonymous Downloads Don't Violate EAR

Law360, New York (September 25, 2009, 2:33 PM EDT) -- The U.S. Bureau of Industry and Security has issued an advisory opinion saying software companies cannot be held liable under the Export Administration Regulations if anonymous users in U.S. trade-sanctioned countries download their mass market encryption software.

In a letter released Sept. 23 from BIS' Information Technology Controls Division, Director C. Randall Pratt wrote that a software company cannot be held in violation of the EAR if it allowed encrypted software that has been classified for the mass market to be downloaded from the company's Web...
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