Intrusion Preclusion: BIS Issues Long-Awaited Controls on Cybersecurity Items, Creates New License Exception

On October 21, 2021, the Department of Commerce’s Bureau of Industry and Security issued an interim final rule implementing expanded export controls on cybersecurity items based on the belief that these items “could be used for surveillance, espionage, or other actions that disrupt, deny or degrade the network or devices on it.” The new controls on cybersecurity items stem from the 2013 addition by the Wassenaar Arrangement of cybersecurity items, including intrusion software to Wassenaar’s list of controlled items.