Symantec Restricts Crypto Export
PhilK writes "Symantec is now refusing to sell LC5 (the Windows password cracking tool, previously from @stake) to anyone outside of the USA and Canada, claiming new Homeland Security laws. Symantec declined to field questions on the rationale for its policy and whether it applies to other products." From the article: "Symantec's restrictions recall the dark days of the crypto wars when users outside the US were not entitled to buy products featuring strong ciphers. These rules, relaxed by the Clinton administration and following a long running campaign by cryptography experts and net activists, are once again rearing their head. Symantec's response to our reader (below) suggests the policy was imposed on it by the US government."
Although the Reg article claims that Symantec appears to have had the restriction imposed by the government, both Symantec and the Register seem to have things a little bit wrong.
For starters, section 5A002 of the ECCN covers hardware. Perhaps Symantec meant section 5D002, software. 5D002.c.1 covers their situation. But the list of restricted countries hasn't changed for quite a while - it's the usual gang: Syria, North Korea, Sudan, etc. It seems to me that Symantec is being a little lazy here. Yes, they have to have an export license to sell the software outside of the US, but the restrictions aren't any more onerous than they were in 1999, when the EAR was updated to move cryptographic software from munitions to commerce.
Oh, and this "news" is almost a month old.
-h-
Cryptoanalytic items are more strictly controlled then encryption items because the regs are immature. Few people actually make and export them, and most cryptanalytic stuff is designed for snooping on people and not protecting computer security. The regs are designed with snooping equipment in mind. I don't think Lopht Crack is the droid BIS is looking for, and I figure Symantec could probably get a license to export it if they tried. Furthermore, I figure that if you had an open source cryptanalytic program you could probably distribute it online with the same sort of TSU notification you have to do when you ship open source cryptography software. However, IANAL, so don't take my word for that...