Paper Topic:

“US Technology Export Control Law - Pre and Post 9/11”

US Technology Export Control Law -

Pre and Post 9 /11

US Technology Export Control Law - Pre and Post 9 /11

Introduction

U .S . Export Laws Control Background

The Evolution of Export Controls on Technology

Encryption Standards and Exportation of Technology

Major Case Law around Export Controls

Technology Industry Compliance

September 11th affect on Technology Export Controls

Conclusion

Bibliography

Introduction

The past twenty years have witnessed technological , economic , and political changes that have transformed the U .S . economy and the application of U .S . export

controls . Technological advances in recent years have revolutionized both the types of commercial products available and the ways in which they can be transferred abroad . For example , when this nation 's last Export Administration Act was enacted in 1979 , business use of computers was limited , e-mail was a novelty and the Internet as we know it today did not exist . Today , practically all businesses - both small and large - use computers . E-mail is employed daily for business (and personal ) purposes , and the Internet is ubiquitous in the business world , with companies and individuals able to both communicate and do business online . Software and technical data have become articles of commerce in their own right , with companies offering software products and technical information concerning their products as separate items to be licensed or purchased

The end of the Cold War signaled a dramatic easing of military tensions between the United States and other plausible military rivals . This geopolitical watershed naturally raised expectations that the extensive restrictions on the international transfer of commercial technology and hardware had become largely unnecessary and would be lifted to a significant extent . The rationale undergirding export controls on trade in commercial goods and technology with a possible military end-use - threat of a large-scale conventional or nuclear conflict - had markedly diminished . Moreover , because U .S . dominance in technology was no longer a given , as it was during much of the Cold War , and U .S . companies had increasingly found that they must export products and technology in order to remain competitive in the global marketplace , unilateral U .S controls became unrealistic and largely self-defeating

As the competitiveness and health of the export -dependent U .S technology sector has a direct bearing on the U .S . ability to develop on its own new generations of "smart " defense systems , it seemed obvious that relaxing unnecessary restrictions on technology exports could well advance U .S . national security . At first , the U .S . government reacted consistently with these expectations , eliminating restrictions on the transfer of certain types of technology in the early 1990s in response to the deflation of East-West tensions . The government liberalized trade with Eastern European countries , and raised the threshold for technology subject to national security or foreign policy controls , thereby freeing exports of technology at lower levels

Soon , however , the government reversed course on liberalization . Despite tremendous changes in post-Cold War international relations , the export control burden on U .S . business actually has increased in many respects since the collapse of the Soviet Union...

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