crypto restrictions

[anand abhyankar]

hi guys,
i am a bit confused. what exactly are the us govt crypto regulations.
what i mean is that :

1) is it illegal to develop an encryption tool (s/w) in the US which
uses > 40 bit size session keys and then export that s/w outside of the
US.

2) is it illegal to encrypt some data inside the us with a key > 40 bit
in size and then send that data outside the US.

thanx.
anand....