The Unintended Consequences of U.S. Export Restrictions on Software and Online Services for American Foreign Policy and Human Rights

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Citation: Lee Baker (2010) The Unintended Consequences of U.S. Export Restrictions on Software and Online Services for American Foreign Policy and Human Rights.


Wikidata: Q70528282

Download: http://jolt.law.harvard.edu/articles/pdf/v23/23HarvJLTech537.pdf

Tagged: sanctions (RSS)


Summary:

Provides overview of US programs administered by OFAC and BIS, a brief review of criticisms of sanctions (on grounds of effectiveness, and harm caused), with a focus on how ICT availability has furthered US foreign policy and human rights and how ICT availability is hampered by US sanctions. Author suggests greatly narrowing and reducing the complexity of US sanctions, especially for ICTs.

Theoretical and practical relevance:

http://jolt.law.harvard.edu/articles/pdf/v23/23HarvJLTech537.pdf#page=17 recounts several instances of US tech companies conservatively over applying US sanctions, to the detriment of US foreign policy and human rights, a recurring situation.