Cyber Weapons & Export Control: Incorporating Dual Use with the PrEP Model
Journal of National Security Law and Policy, Vol. 8, No. 2, 2015
19 Pages Posted: 28 Sep 2014 Last revised: 20 Jan 2016
Date Written: September 25, 2014
How do existing export control laws treat malware and cyber weapons and what complications arise with their use? This paper presents a technically grounded framework to examine under what conditions malicious software components might be covered by the Export Administration Regulations (EAR) and International Traffic in Arms Regulations (ITAR). It presents the law in question and examines several key challenges in classifying and restricting the flow of cyber weapons.
Keywords: export control, malware, cyber weapons, national security, law, national security law, cyber security
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