The Wassenaar Arrangement controls the export of cryptography as a dual-use good, i.e., one that has both military and civilian applications. It is also clear that the Arrangement cannot legitimately be used to obstruct genuine civil transactions. The Arrangement states that it will not be directed against any state or group of states and will not impede bona fide civil transactions. Nor will it interfere with the rights of states to acquire legitimate means with which to defend themselves pursuant to Article 51 of the Charter of the United Nations . Furthermore, the intent of the Arrangement is to restrict the proliferation of offensive strategic weapons.
Cryptography is a defensive mechanism, particularly against electronic warfare attacks.
This means that products clearly designed and sold for civil or commercial purposes cannot be restricted under the terms of the Wassenaar Arrangement. It is undeniable that cryptographic products are vital for the continued growth of digital economies, for the development of secure electronic commerce and the protection of the privacy of citizens. Far from threatening regional stability and international security, a free and competitive market will quickly provide the cryptographic products which are needed to protect the information based economies of the developed nations and safeguard their citizens in the face of 'information terrorism' and the activities of 'cyber-criminals'. Hence, we conclude that there is no sound basis within the Wassenaar Arrangement for the continuation of any export controls on commercial cryptographic products. Such controls only serve to undermine the protection available with the civil information infrastructures on which society is increasingly dependent.