Page 279 - (ISC)² CISSP Certified Information Systems Security Professional Official Study Guide

You can find a list of countries and their corresponding

computer export tiers on the Department of Commerce’s website at
www.bis.doc.gov.

Encryption Export Controls

The Department of Commerce’s Bureau of Industry and Security sets
forth regulations on the export of encryption products outside the
United States. Under previous regulations, it was virtually impossible

to export even relatively low-grade encryption technology outside the
United States. This placed U.S. software manufacturers at a great
competitive disadvantage to foreign firms that faced no similar
regulations. After a lengthy lobbying campaign by the software
industry, the president directed the Commerce Department to revise

its regulations to foster the growth of the American security software
industry.

Current regulations now designate the categories of retail and mass
market security software. The rules now permit firms to submit these
products for review by the Commerce Department, but the review will
take no longer than 30 days. After successful completion of this
review, companies may freely export these products.

Privacy

The right to privacy has for years been a hotly contested issue in the
United States. The main source of this contention is that the
Constitution’s Bill of Rights does not explicitly provide for a right to
privacy. However, this right has been upheld by numerous courts and

is vigorously pursued by organizations such as the American Civil
Liberties Union (ACLU).

Europeans have also long been concerned with their privacy. Indeed,
countries such as Switzerland are world renowned for their ability to
keep financial secrets. Later in this chapter, we’ll examine how the
European Union data privacy laws impact companies and internet
users.