Fedora software and technical information may be subject to the u. Authorizes export to nongovernment endusers and government endusers. 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. The rules reference the export administration regulations the same regulations used to restrict huawei from accessing products and services made by us companies. Reexport or release the software or the source code for the software. These updates are important to most companies that export software, including providers of massmarket software.
The export administration regulations ear are comprehensive, covering all usorigin hardware, software including source code and. Department of commerce, export administration regulations. The export administration regulations ear administered by the. Department of commerces bureau of industry and security bis under the export administration regulations the ear. The rule adds geospatial ai software to the export administration regulations. Lists of export controlled items, information and software. A new enigma machine or a mystery wrapped in a riddle margaret gatti and marynell devaughn june 9, 2016. 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. Export administration regulations ear us department of commerces bureau of industry and security. 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. By downloading fedora software, you acknowledge that you understand all of the following.
Department of commerce asks for public input on huawei. The huawei entity list ruling was specifically scoped to activities and transactions subject to the export administration regulations ear. 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. 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. The ear excludes from its control publicly available technology and software, except.
Publicly available, public domain, and open source sponsored. Linux foundation statement on huawei entity list ruling. 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. Us export requirements the regulations on us software exports come from the us commerce departments bureau of industry and security bis. Software, access, and realpolitik how should open source. What is the export classification of your product under the u. The impact of entry and competition by open source. Export of cryptography from the united states wikipedia. Despite the legal victory in the bernstein case, open source software with encryption remains subject to u. The operating software is controlled under export administration regulations for national security reasons, and some of the export. Us export laws require companies to declare what encryption technology is used in any software to be exported. The united states export control regulations are the most stringent and far reaching statutes that apply to encryption technology.
The use of open source makes complying with these regulations a tricky process. 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. Artificial intelligence software controlled for export. Export control classification number eccn for opencv. When the clinton administration came to washington, encryption items were. 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. 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. I would like to use opencv in commercial software which will be sold in the u. Export controls and published encryption source code. Export administration regulations or the international traffic in arms regulations. Exploring cryptographic software in debians main archive. The minimum antidiversion statement for goods exported under u.
Us government fines intels wind river over crypto exports. Department of commerce, bureau of industry and security bis controls goods and information having either civilian or military uses through the export administration regulations. Although such software no longer is subject to the onerous. Huaweis export ban is wider in scope than most people. 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. Important changes to export administration regulations.
The percentage of open source software oss that commercial software solutions are composed of is growing rapidly. It turns out that distributing nbis in an open source project. The ear broadly governs and imposes controls on the export and re export of most commercial goods, software. No, generally this is not a concern, as long as your research is not subject to restricted publication or access. 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. Encryption technology in your code impacts export requirements. The old regulations allowed the export of open source to any.
The export administration regulations ear are a set of regulations found at 15 c. Publicly available, public domain, and open source. 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 linux foundation is a free and open source software organization whose project communities publish collaboratively developed software. Recommendations on export controls for artificial intelligence. Note that as open source software, we are able to export source and binaries without a license, having complied with the notification regulations. Both delivery methods can qualify as an export under the ear.
Open source software oss educational information information commonly taught in colleges or universities. Open source software not involving encryption the linux foundation is a free and open source software. Program overseeing agency scope exporter responsibility resources. I want to make my research available as open source. In general, the ear govern whether a person may export. Asf export classifications and source links apache software. 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. Morgan lewis webinar ear encryption regulations a new. Use of external open source software open source software oss is software that allows its recipients to modify and redistribute the source code. Publicly available, public domain, open source educational information. At the end of july, github enforced access blocks for its software repositories in line with united states trade controls, including u. Information that is available to the public is excluded from export controls, however.
Nevertheless, the lower burdens on export have opened the door for millions of people around the world to benefit from higher security. They apply to a broad range of technologies, including integrated. Open source encryption source code that is available for free online is an example. The export administration regulations ear are comprehensive, covering all usorigin hardware, software including source code and technology. They are administered by the bureau of industry and security, which is part of the us commerce department. 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. For this reason, the legal department asks me about export control classification number eccn for opencv library. A common example would be open source encryption source code available for free. Department of commerce s bureau of industry and security bis announced today it was seeking public comments on march 1025, 2020 the continuing need.
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. Open source isnt public domain in the ip sense because it typically has an owner who provides it, often free, under a license that. Frequently asked questions about export control compliance. From my understanding, the open sources software is not subject to encryption and export administration regulations. Us export administration regulations ear microsoft. Amendment to the export administration regulations.
Tackling a software or encryption software export or deemed export. Github is based in san francisco and was bought by microsoft last year. Department of commerce authority says,these commodities, technology, or software were exported from the united states in accordance with the export administration regulations. Some time later, i sat down to really analyse the export administration regulations to look for solutions. See section 734 for guidance on the definition of export, reexport, and transfer. We have received inquiries regarding concerns about a member subject to an entity list ruling. 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. Mass market encryption object code software that is made publicly available. 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. Export controls for software companies what you need to know.
Strictly commercial, dualuse, and less sensitive military commodities, software. The export administration regulations ear are comprehensive, covering all usorigin hardware, software including source. 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. Export controls for software companies what you need to. Encryption, open source and export control thoughtworks.