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Export Controls

Economic and trade sanctions enacted by one government against another often have detrimental effects on the free flow of digital communications and communications technologies that activists, innovators and ordinary users of technologies desperately need. EFF has a long history of fighting against those effects, especially by the US government. Since the beginning, the Electronic Frontier Foundation has worked to ensure that individuals everywhere have access to important technologies that they need to communicate, enjoy privacy, and organize. As part of the “crypto wars,” we handled the seminal case, Bernstein v. U.S. Dept. of Justice, that, along with a sister case Junger v. Daley, resulted in rulings that written software code is speech protected by the First Amendment. In Bernstein, the court held that export control laws on encryption programs violated Bernstein’s First Amendment rights by prohibiting his constitutionally protected right to publish his software. This ruling helped spur the government to change its licensing practices so that everyone now has the right to publish, and thereby “export” most encryption software without prior permission from the government. Today, we continue our work to ensure that U.S. takes steps necessary to free up vital communications technologies from export controls, so that companies have the information they need to apply for export licenses to controlled countries or to understand that no license is needed, while simultaneously fighting for overall clarity and reform of the labyrinthine export regulations.

Protect digital privacy and free expression. EFF's public interest legal work, activism, and software development preserve fundamental rights. Protect digital privacy and free expression. EFF's public interest legal work, activism, and software development preserve fundamental rights. DONATE TO EFF

EFF Related Content: Export Controls

Deeplinks Blog byJillian C. York | June 12, 2025

A New Digital Dawn for Syrian Tech Users

U.S. sanctions on Syria have for several decades not only restricted trade and financial transactions, they’ve also severely limited Syrians’ access to digital technology. Syrians have been locked out of the global internet economy—stifling innovation, education, and entrepreneurship. ●Read more about A New Digital Dawn for Syrian Tech Users

Deeplinks Blog byCindy Cohn | August 25, 2023

Tornado Cash Civil Decision Limits the Reach of the Treasury Department’s Actions while Skirting a Full First Amendment Analysis

A District Court recently considered a civil claim that the Treasury Department overstepped when it listed Tornado Cash on the U.S. sanctions list. This claim took some steps, if not enough, to address EFF’s concerns about coders rights. In the case, Van Loon v Department of the Treasury, EFF... ●Read more about Tornado Cash Civil Decision Limits the Reach of the Treasury Department’s Actions while Skirting a Full First Amendment Analysis

Deeplinks Blog byCindy Cohn | July 20, 2021

Pegasus Project Shows the Need for Real Device Security, Accountability, and Redress for Those Facing State-Sponsored Malware

●Español EFF has warned for years of the danger of the misuse of powerful state-sponsored malware. Until governments around the world get out of the way and actually support security for all of us, including accountability and redress for victims, these outrages will continue. ●Read more about Pegasus Project Shows the Need for Real Device Security, Accountability, and Redress for Those Facing State-Sponsored Malware

Deeplinks Blog byJillian C. York | January 17, 2020

Iranian Tech Users Are Getting Knocked Off the Web by Ambiguous Sanctions

Between targeted killings, retaliatory air strikes, and the shooting of a civilian passenger plane, the last few weeks have been marked by tragedy as tensions rise between the U.S. and Iranian governments. In the wake of these events, Iranians within the country and in the broader diaspora... ●Read more about Iranian Tech Users Are Getting Knocked Off the Web by Ambiguous Sanctions

Deeplinks Blog byEva Galperin, Cindy Cohn | October 28, 2019

Private Companies, Government Surveillance Software and Human Rights

It's old news that governments around the world are misusing private company-sold digital surveillance software track and target people for human rights abuses. Recently, Amnesty International reported finding that two prominent Moroccan human rights defenders had been targeted using Israeli-based NSO Group’s software. Just this week WhatsApp sued... ●Read more about Private Companies, Government Surveillance Software and Human Rights

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