Fundamentals of U.S. Encryption Controls: What Every Legal and Compliance Professional Should Know About Key Concepts, Pitfalls, Requirements, and Latest Developments

Mar 26, 2018 9:00am – 12:30pm

Vicki Wilkerson
Senior Global Trade Manager
Salesforce (San Francisco, CA)

David Badley
Trade Control Specialist
Boeing Global Trade Controls (Seattle, WA)

Ajay Kuntamukkala
Partner
Hogan Lovells

This session is designed both for attendees new to encryption controls and for those who would like an in-depth refresher before the more advanced discussions of the main program. Take part in this practical and interactive working group as experts discuss the current state of U.S. Encryption Controls—with a focus on building and maintaining strong protocols to ensure compliance.  
  • What is symmetrical and asymmetrical encryption?
  • Technical details of the history and current state of encryption
  • Nuances of U.S. Export Control laws for encryption technologies, cloud computing, and cyber export controls
    • What is an encryption item and how does the EAR treat them differently?
    • Determining whether a product contains or uses externally provided encryption functionality
  • Classification of Encryption Items
    • Primary Function Tests (Former Note 4)
    • Decontrolled Cryptographic Functions
  • When to self-classify and when to obtain CCATS from BIS
    • License Exception ENC
    • Mass Market
  • Open Source Encryption
  • Reporting requirements
  • Summary of recent regulatory changes and impact on legacy classifications/controls
  • Encryption licensing – when you need an encryption licensing arrangement (ELA) or an individual license