Congress' Plan To Stop Exporting Technology To Repressive Regimes

When a U.S. company wants to export military technology, it has to go through a rigorous approval process in Washington. That’s because, of course, if it ends up in the wrong hands, the technology could interfere with U.S. foreign policy, destabilize conflict-prone regions, or worse.

Now one member of Congress wants to apply the same scrutiny to technology that “can be used for potentially illicit activities” such as Internet censorship. Unveiled this week by Rep. Chris Smith, R-N.J., the Global Online Freedom Act of 2013 would, among other things, make it illegal for firms to export equipment that could facilitate digital monitoring. The latest measure resembles previous efforts at curbing online surveillance, but analysts say there’s a danger in the proposed law: The export controls cast too wide a net and could sweep up innocent companies by accident.

“It's very difficult to describe in words [the difference] between ‘bad’ software and ‘good’ software,” said Susan Crawford, a former special assistant on technology for the Obama administration and author of the book Captive Audience. “The consequences of getting it wrong could lead to stifling innovation and making life unnecessarily difficult for U.S. companies.”...