Update: 10/20 08:04 by michael : Note that there's no real reason to believe the export of source code will be permitted under the new regulations - there's been no indication of that whatsoever, rather the "relaxations" have been only on compiled code, and only in very specific situations designed to appease certain specific industries. (Every time the press reports another "relaxation", you might think suddenly crypto is free. Au contraire.) The DOJ has already had an eight-month delay earlier in the Bernstein case when the rules were changed previously (which had no effect on the case); the plaintiffs are arguing that the DOJ shouldn't be allowed to stall any further. Essentially there's a shell game going on, with the government shuffling the crypto ball around under the cups and daring Bernstein and the other litigants to find it.
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Snord wrote in with a link to a news.excite.com article about how the government may consider relaxing export controls on open source crypto, not just on commercial closed-source stuff. And the judiciary may make the entire issue moot anyway. Quote from the story: "A three-judge panel of the U.S. Court of Appeals for the Ninth Circuit ruled in May that the source code export limits were a violation of the First Amendment's free speech guarantee, but the decision is being reviewed by the full appeals court." (More Below)