If crypto source code is published in printed form and distributed under a non-disclousre agreement does it meet the uncontrolled export criteria under the new EAR regs? My question seems to hinge on the definition of "general distribution," in Sec. 734.7. The key passages seem to be: Sec. 734.3 Items subject to the EAR. * * * * * (b) * * * (3) Publicly available technology and software, except software controlled for EI reasons under ECCN 5D002 on the Commerce Control List, that: (i) Are already published or will be published as described in Sec. 734.7 of this part; (ii) Arise during, or result from, fundamental research, as described in Sec. 734.8 of this part; (iii) Are educational, as described in Sec. 734.9 of this part; (iv) Are included in certain patent applications, as described in Sec. 734.10 of this part. Note to paragraphs (b)(2) and (b)(3) of this section: A printed book or other printed material setting forth encryption source code is not itself subject to the EAR (see Sec. 734.3(b)(2)). However, notwithstanding Sec. 734.3(b)(2), encryption source code in electronic form or media (e.g., computer diskette or CD ROM) remains subject to the EAR (see Sec. 734.3(b)(3)). Sec. 734.7 Published information and software. * * * * * (b) Software and information is published when it is available for general distribution either for free or at a price that does not exceed the cost of reproduction and distribution. See Supplement No. 1 to this part, Questions G(1) through G(3).