Perhaps there already is a loophole - the exemption for export items only. Write your open source code ... just so long as it is for "export" only:
http://importance.typepad.com/the_importance_of/2003/11/broadcast_flag_.html
Posted by Ernest Miller at November 6, 2003 01:01 PMI'm leery of that, as possibly too-good-to-be-true.
Who knows what other regulations cover export?