Is FreeBSD subject to the EAR ?

Norbert Papke fbsd-ml at
Fri Dec 19 15:59:36 UTC 2008

On December 17, 2008, kosuke.okisaka at wrote:
> Is Free BSD 6.3-release subject to the U.S. Export Administration
> Regulation ?
> If the FreeBSD 6.3-release includes encryption software, it may be subject
> to the EAR.
> Following is extract part of the EAR.
> Part 734.3  :  Items subject to the EAR
> (b) The following items are not subject to the EAR:
>>>   (3) Publicly available technology and software, except software
> controlled for
>        "EI" reasons under ECCN 5D002 on the Commerce Control List and
>       mass market encryption software with symmetric key length exceeding
>      64-bits controlled under ECCN 5D992, that:

I am not a lawyer, but I would stipulate that FreeBSD falls into the "publicly 
available" category and would therefore be exempt.

-- Norbert Papke.

Grand Master Turing once dreamed that he was a machine. When he awoke he 
"I don't know whether I am Turing dreaming that I am a machine, 
or a machine dreaming that I am Turing!"  (The Tao Of Programming)

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