------------------------------ Date: 09 Feb 94 13:33:32 EST From: CuD Moderators Subject: File 5--Text of Cantwell Bill (HR 3627) IN THE HOUSE OF REPRESENTATIVES MS. CANTWELL (for herself and ___) introduced the following bill which was referred to the Committee on __________. --------------------------------------- A BILL To amend the Export Administration Act of 1979 with respect to the control of computers and related equipment. Be it enacted by the Senate and House of Representa- tives of the United States of America in Congress Assembled, SECTION 1. GENERALLY AVAILABLE SOFTWARE Section 17 of the Export Administration Act of 1979 (50 U.S.C. App. 2416) is amended by adding at the end thereof the following new subsection: ``(g) COMPUTERS AND RELATED EQUIPMENT.--- ``(1) GENERAL RULE.---Subject to paragraphs (2) and (3), the Secretary shall have exclusive au- thority to control exports of all computer hardware, software and technology for information security (including encryption), except that which is specifi- cally designed or modified for military use, including command, control and intelligence applications. ``(2) ITEMS NOT REQUIRING LICENSES.--- No validated license may be required, except pursuant to the Trading With The Enemy Act or the Inter- national Emergency Economic Powers Act (but only to the extent that the authority of such act is not exercised to extend controls imposed under this act), for the export or reexport of--- ``(A) any software, including software with encryption capabilities, that is--- ``(i) generally available, as is, and is designed for installation by the purchaser; or ``(ii) in the public domain or publicly available because it is generally accessible to the interested public in any form; or ``(B) any computing device soley because it incorporates or employs in any form software (including software with encryption capabilities) exempted from any requirement for a validated license under subparagraph (A). ``(3) SOFTWARE WITH ENCRYPTION CAPABILITIES. --- The Secretary shall authorize the export or reexport of software with encryption capabilities for nonmilitary end-uses in any country to which ex- ports of software of similar capability are permitted for use by financial institutions not controlled in fact by United States persons, unless there is substantial evidence that such software will be--- ``(A) diverted to a military end-use or an end-use supporting international terrorism; ``(B) modified for military or terrorist end- use; or ``(C) reexported without requisite United States authorization. ``(4) DEFINITIONS.---As used in this subsection--- ``(A) the term `generally available' means, in the case of software (including software with encryption capabilities), software that is offered for sale, license, or transfer to any person with- out restriction through any commercial means, including, but not limited to, over-the-counter retail sales, mail order transactions, phone order transactions, electronic distribution, or sale on approval; ``(B) the term `as is' means, in the case of software (including software with encryption ca- pabilities), a software program that is not de- signed, developed, or tailored by the software company for specific purchasers, except that such purchasers may supply certain installation parameters needed by the software program to function properly with the purchaser's system and may customize the software program by choosing among options contained in the soft- ware program; ``(C) the term `is designed for installation by the purchaser' means, in the case of soft- ware (including software with encryption capa- bilities)--- ``(i) the software company intends for the purchaser (including any licensee or transferee), who may not be the actual program user, to install the software pro- gram on a computing device and has sup- plied the necessary instructions to do so, except that the company may also provide telephone help line services for software in- stallation, electronic transmission, or basic operations; and--- ``(ii) that the software program is de- signed for installation by the purchaser without further substantial support by the supplier; ``(D) the term `computing device' means a device which incorporates one or more microprocessor-based central processing units that can accept, store, process or provide out- put of data; and ``(E) the term `computer hardware', when used in conjunction with information security, includes, but is not limited to, computer sys- tems, equipment, application-specific assem- blies, modules and integrated circuits.'' =+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+ + END THIS FILE + +=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+===+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=