The article and comments are misleading
As the article correctly reports the new export control is the result of a Wassenaar agreement. That means that 40+- nations agreed that the "intrusion software" should be added to the dual use control list. See; http://www.wassenaar.org/controllists/2014/WA-LIST%20%2814%29%202/WA-LIST%20%2814%29%202.pdf search for "intrusion software". There are 3 control statements and a definition. Pay close attention to the definition, and pay particular attention to the notes in the definition. All of this is part of the multilateral control agreement.
The Wassenaar partner countries have agreed on the items to be controlled. However, each country runs its own export control regime. The control methods, including licensing policy vary widely. There will also be wide variations in the actual implementation dates, and there may be variation in the practice of what (exactly) will be licensed.
The US proposed rule is the subject of the FR notice. See; http://www.bis.doc.gov/index.php/forms-documents/doc_download/1236-80-fr-28853 That proposal has to be considered in the context of the complete EAR (US Export Administration Regulations). For example, Part 734 which provides for the release from the EAR for published information. Other Wassenaar jurisdictions will/may have their own exclusions.
Finally, since this is my first post on this forum, a brief introduction. I fixed my first computer in 1962, and I have been dealing with multinational export controls since 1985.
/Don Ames
Biting the hand that feeds IT
