No. The definition of “OAM” includes “monitoring or managing the operation condition or performance of an item.” BIS does not consider network security monitoring or network forensics functions to be part of monitoring or managing operation condition or performance.
The phrase “monitoring or managing the operating condition or performance of an item” is meant to include all the activities associated with keeping a computer or network-capable device in proper operating condition, including: configuring the item; checking or updating its software; monitoring device error or fault indicators; testing, diagnosing or troubleshooting the item; measuring bandwidth, speed, available storage (e.g. free disk space) and processor/memory/power utilization; logging uptime/downtime; and capturing or measuring quality of service (QoS) indicators and Service Level Agreement-related data.
However, the “OAM” definition does not apply to cryptographic functions performed on the forwarding or data plane, such as: decrypting network traffic to reveal or analyze content (e.g., activity signatures, indicators or event data extracted from monitored network traffic) over the forwarding plane; or securing the re-transmission of captured network activity.
Thus, products that use encryption for such network security monitoring or forensics operations, or to provision these cryptographic services, would not be released by the OAM decontrol notes (l) or (m), or the Note to 5D002.c.
Similarly, the “OAM” decontrol does not apply to security operations directed against data traversing the network, such as capturing, profiling, tracking or mapping potentially malicious network activity, or “hacking back” against such activity.