The most recent newsletter from Daniel Munitillo discusses U.S. export law as it applies to code, and determines that, for the most part, U.S. export restrictions do not apply to open source software.

Why? The First Amendment.

Specifically, he states:

. . . [a]ny and all computer code not considered classified by, or, not for official use only (FOUO) of the United States Government, which is open source, freely and publically available, exchanged for any non prohibited end use is protected under the case law cited as free speech. The case law is clear*.

Export compliance is a pain for small companies. The fact that open sourced software is protected speech and thus not subject to standard U.S. government export compliance is yet one more reason in a long list of reasons why small companies should consider open-sourcing some or all of their code when evaluating their business options.

*In accordance with Junger v. Daley, 209 F. 3d 481 (6th Cir. 2000); Bernstein v United States, 922 F. Supp 1426 (1996), 945 F. Supp. 1279 (1996), and at 176 F. 3d 1132 (9th Cir. 1997); and Karn v United States Department of State, 925 F. Supp. 1, 9-10 (D.D.C. 1996), remanded, 107 F. 3d 923 (D.C. Cir 1997), Code is protected as free speech under the First Amendment of the Constitution of the United States.