[FYI] The implications of the UK Export Control Bill

[Axel H Horns]

http://www.heise.de/tp/english/inhalt/te/12191/1.html

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Knowledge Transfer Controls and Academic Freedom  

Ashley Benigno   28.03.2002  

The implications of the UK Export Control Bill  

A controversial bill that extends export controls on armaments from 
hardware to intangible goods is currently before the British 
Parliament. The  Export Control Bill has been viewed by some quarters 
as carrying serious implications for academic freedom, by curtailing 
research and collaboration through the adoption of transfer controls 
and the introduction of a licensing regime.  

The aim of the Bill, as outlined in its introduction, is to "make 
provision enabling controls to be imposed on the exportation of 
goods, the transfer of technology, the provision of technical 
assistance overseas and activities connected with trade in controlled 
goods; and for connected purposes". As defined in the Export Control 
Bill, "'technology' means information (including information 
comprised in software)". In fact, one of the primary objectives of 
the Bill is to extend current export control laws that cover only 
physical goods to include intangibles such as software.  

While the Bill is seen by the Government as an additional tool in its 
fight against international terrorism, some academics view the 
proposed law as being so widely drawn that it would provide ministers 
with the power to review and suppress any scientific paper prior to 
its publication, and to license foreign students (not just at British 
Universities, but students taught by UK nationals anywhere in the 
world).  

According to  Ross Anderson, a Cambridge University professor and 
chairperson of the Foundation for Information Policy Research, the 
effects of the Export Control Bill would be felt across the fields of 
science and technology, impacting both research and education:  

"The new law would cover most of our research in computer science 
(fast networks, high performance computing, neural networks, real-
time expert systems, hardware and software verification, reverse 
engineering, computer security, cryptography) and could even force a 
rewrite of lecture course and project material. The Department of 
Engineering would be hit by the listing of numerically controlled 
machine tools and fibre winding equipment, robots, optical 
amplifiers, software radios and aero engine control systems, as well 
as many lasers, gyros, accelerometers and similar components. The 
restrictions that previously only applied to physical hardware 
objects will be extended to the software used to design, test, 
control or operate them, or to integrate them into larger systems."  

The proposed law would also negatively impact transnational 
collaborative projects. A simple action such as sending an email to a 
foreign collegue relating to a research issue could end up requiring 
a special licence. Just like the teaching of many subjects to foreign 
students would fall under a licensing scheme. It is easy to envisage 
the administrative nightmare this would entail, the damaging effects 
on the overseas student contingent and on the development of academic 
work in general.  

In Anderson's opinion, opponents of the Bill may "argue that while 
one may well decide to curtail long-established academic liberties 
because something bad has happened, it is excessive to do so because 
a bad thing might happen, but hasn't. (Al-Qaida isn't an excuse, 
unless even basic aerospace engineering is to be reclassified as a 
technology relevant to weapons of mass destruction)". In the 
meantime, the Cambridge professor has proposed an amendment to the 
proposed law exempting research and teaching, which has received the 
backing of  Universities UK and the  Association of University 
Teachers.  

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