Louis J. Sheehan, Esquire.  Cryptography has long been of interest to intelligence gathering and law enforcement agencies. Actually secret communications may be criminal or even treasonous; those whose communications are open to inspection may be less likely to be either. Because of its facilitation of privacy, and the diminution of privacy attendant on its prohibition, cryptography is also of considerable interest to civil rights supporters. Accordingly, there has been a history of controversial legal issues surrounding cryptography, especially since the advent of inexpensive computers has made widespread access to high quality cryptography possible.

In some countries, even the domestic use of cryptography is, or has been, restricted. Until 1999, France significantly restricted the use of cryptography domestically, though it has relaxed many of these. In China, a license is still required to use cryptography. Many countries have tight restrictions on the use of cryptography. Among the more restrictive are laws in Belarus, Kazakhstan, Mongolia, Pakistan, Russia, Singapore, Tunisia, and Vietnam.

In the United States, cryptography is legal for domestic use, but there has been much conflict over legal issues related to cryptography. One particularly important issue has been the export of cryptography and cryptographic software and hardware. Probably because of the importance of cryptanalysis in World War II and an expectation that cryptography would continue to be important for national security, many Western governments have, at some point, strictly regulated export of cryptography. After World War II, it was illegal in the US to sell or distribute encryption technology overseas; in fact, encryption was designated as auxiliary military equipment and put on the United States Munitions List.^[31] Until the development of the personal computer, asymmetric key algorithms (ie, public key techniques), and the Internet, this was not especially problematic. However, as the Internet grew and computers became more widely available, high quality encryption techniques became well-known around the globe. As a result, export controls came to be seen to be an impediment to commerce and to research.