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It's not illegal to export the system, you just have to get BIS/NSA permission to do that.

I see a few possible explanations on why they allowed it - 1) NSA was satisfied with their intercept capability (likely around key generation / exchange being based on cellular network/SMS) 2) they decided that the technology was a commodity and it's best to have Apple dominate it (where they can still attack the data center or use legal means) rather than cede it to a foreign power.

I'm just guessing though.



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