The definition of “export” in the EAR and ITAR both include the concept of releasing technical data or technology to a foreign person in the U.S. as part of the definition of a “deemed export”, or the transfer of ownership or control of a technology to a foreign person. Interesting changes are proposed – §734.18 and 734.20 – to the EAR, and – §120.52 – to the ITAR, which would deal with transfers of technology and use of encryption. What’s behind these rules, what are the limitations, and how is industry is managing these exceptions?