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Who makes crypto laws and policies?

  • The Bureau of Export Control (BXA) in the Department of Commerce. Responsibilty for what may be exported from the US, including software.
  • The Department of State, which determines what types of activities are risky and who is a terrorist state. They used to take a much more active role over overseeing export of encryption.
  • The White House, primarily through executive orders. Clinton played a role in lessening encryption restrictions. The current administration has not been as active (?).
  • The European Union, which has taken a strong stance in providing a level economic playing field for its member nations.
  • For much more: Koop's crypto law survey, including the US entry.

Who makes crypto laws change?

  • Whitfield Diffie, and others, by developing public key cryptography (late 1960's/early 70's)
  • Phil Zimmerman, through release of Pretty Good Privacy (1991)
  • NCSA's Mosaic, and other Web browsers, for necessitating encryption for e-commerce and other transactions (1993)
  • The US Congress, by implementing the DMCA (1998)

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UNC SILS
Prof. Greg Newby