This week, the U.S. Department of State’s Defense Trade Advisory Group (DTAG) met to decide whether to classify “cyber products” as munitions, placing them in the same export control regime as hand grenades and fighter planes. Thankfully, common sense won out and the DTAG recommended that “cyber products” not be added to the control list. EFF and Access Now filed a brief joint statement with the DTAG urging this outcome and we applaud the DTAG’s decision. There were a number of problems with the proposal to place “cyber products” on the U.S. Munitions List, but most importantly, no one knows how “cyber products” would be defined. As we’ve long argued in other contexts, trying to draw definitions around “defensive” and “offensive” tools is essentially impossible and any vagueness would have significant chilling effects on the security community. In essence, we think that the threshold…
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