A Look At The New Export Control Rules For Cloud Computing

Law360, New York (June 18, 2015, 5:31 PM EDT) -- On June 3, 2015, the U.S. Department of Commerce's Bureau of Industry and Security and the U.S. Department of State's Directorate of Defense Trade Controls published proposed rules revising key definitions in the Export Administration Regulations and International Traffic in Arms Regulations to harmonize the two export control regimes. The proposed rules would make certain substantive changes, most notably excluding from the definition of "export" the transfer and storage of technology or software in encrypted form, subject to certain conditions. For the most part, the revisions are intended to harmonize the substance and structure of the EAR and the ITAR as part of the ongoing export control reform process, as well as to codify existing policies....

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