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CONCLUSION |
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It is obvious that our analysis of the encryption situation differs markedly from our analysis of the supercomputer situation. A worthwhile question is to ask why this is the case. What are the differences between the two types of products that produce differing circumstances that should ultimately lead to different policies? There is a distinct difference between software and hardware. Software can be distributed very easily without any concept of a physical object. Hardware is necessarily a physical product that must be assembled and shipped. High technology law, however, places both software and hardware in the same category with the same restrictions. This may not be advisable, and we would suggest that a distinction between hardware and software be made in law. Software can be distributed on the Internet, a network that does not resemble physical boundaries. An application placed on a website can be downloaded and used across the world within seconds. Hardware, however, must be assembled and transported to the destination. Each piece of hardware can be accounted for by serial numbers. No such unique identifier can be attached to a piece of software. Export laws should reflect this distinction when deciding what can or cannot be exported. While hardware can be controlled by laws and prevented from leaving U.S. territory, software can be easily smuggled outside of the U.S. Software is virtually uncontrollable as indicated by the great amount of software piracy around the world. Since software already seems to roam free, attempting to control the export of software seems a waste of effort. Additionally, export control over software can hurt U.S. companies' ability to compete in foreign markets. Thus, the only alternatives seems to be to banish the sale of all high technology software, which most would agree is a terrible idea, or to release all export control over software. Software that is sensitive will continue to be guarded closely by those who develop it, and software that is in the public domain will be able to move freely. Government may worry about software used for terrorism, but that is already the case and must be dealt with by other means. Hardware, however, can be controlled. Government does not have to with complicated alternatives in order to control hardware. They can simply halt the export of a product that may be headed to enemy hands. The question remains whether the security of the U.S. outweighs the detriment to companies at being unable to export. We would suggest that this is an acceptable price to pay for protecting U.S. security. |
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