ApacheCon NA - Guidelines for Encryption/Security Technology Discussions

["Steven J. Hathaway" <sh...@e-z.net>]

This information is for US Citizens and Permanent Residents making 
presentations to foreign nationals regarding technology sensitive issues.

Open brainstorming sessions will generally conform to the "fundamental 
research" definition as specified by the U.S. Bureau of Industry and 
Security.  Presenting items that are publically available (not 
proprietary) are also allowed. Such activity is exempt from the 
licensing rules regarding the transfer of restricted technology.

At ApacheCon conferences held in the United States, regarding 
discussions of encryption and security software, the protecting concept 
of "fundamental research" will provide significant protection.

The United States has some significant rules governing military 
technologies - especially weaponry, and the technologies of encryption 
and security.  The exercise of "fundamental research" is exempt from 
these export restrictions.  There is a difference between "fundamental 
research" and "proprietary research" of which the "proprietary research" 
will be affected by documented licensing controls.

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Ref: U.S. Bureau of Industry and Security - Deemed Exports FAQs
http://www.bis.doc.gov/deemedexports/deemedexportsfaqs.html#16

#16. What technologies are considered "fundamental research"?

"Fundamental research" is basic and applied research in science and 
engineering where the resulting information is ordinarily published and 
shared broadly within the scientific community. It is distinguished from 
proprietary research and from industrial development, design, 
production, and product utilizations, the results of which ordinarily 
are restricted for proprietary and/or specific national security 
reasons. Normally, the results of "fundamental research" are published 
in scientific literature, thus making it publicly available. Research 
which is intended for publication, whether it is ever accepted by 
scientific journals or not, is considered to be "fundamental research." 
A large segment of academic research is considered "fundamental 
research." Because any information, technological or otherwise, that is 
publicly available is not subject to the Export Administration 
Regulations (EAR) (except for encryption object code and source code in 
electronic form or media) and thus does not require a license, 
"fundamental research" is not subject to the EAR and does not require a 
license. Please see §734.8 for a full discussion.

Sincerely,
Steven J. Hathaway