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Writing Information Security Policies by Scott Barman

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Legal Issues

U.S. policies on the usage and export of encryption are controlled by the President (Title 22, Section 2778). Before the growth of electronic commerce, the International Traffic in Arms Regulations (ITAR) restricted both the strength of encryption that could be used in the United States and the export of encryption products. As the electronic commerce environment changed, there was pressure put on the administration to change its policies. Congress joined in the public discourse by introducing various bills to ease the regulations.

Starting in 1996, the Clinton administration started to ease these regulations. After moving enforcement of these policies to the Bureau of Export Affairs (BXA) of the Department of Commerce in December ...

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