Fundamentals of U.S. Encryption Rules: Update on Legal and Compliance Issues and the Key Components of an Effective Compliance Program

Mar 25, 2019 9:00am - 12:30pm



Ken Niven
Associate General Counsel
Juniper Networks

Steve Bird
Former Global Export Trade Manager
Cisco Systems

Michael Gershberg
Fried, Frank, Harris, Shriver & Jacobson LLP

Tammie Rostant
Global Trade Compliance Manager, Legal
McAfee (Plano, TX)

What is it about?

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. Topics include:


  • 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?
    • The De Minimis Rule for encryption items
    • Publicly-available encryption software and technology
  • Summary of recent regulatory changes and impact on legacy classifications/controls
  • Licensing and License Exceptions
    • License Exception ENC
    • When you need an encryption licensing arrangement (ELA) vs. an individual license?
  • Strategies and best practices for developing and maintaining an effective export compliance program with respect to encryption items