From: Duncan Frissell <frissell@panix.com>
Date: Thu, 23 Sep 93 11:28:56 PDT
To: CYPHERPUNKS@toad.com
Subject: Propriety of crypto on Mu
Message-ID: <199309231825.AA00822@panix.com>
MIME-Version: 1.0
Content-Type: text/plain


H>So Congress and the court agree that the propriety of an item's 
H>placement on the Munitions List is not a matter for the courts to
H>decide.  There appears to be little chance that any prosecution for AECA
H>violations will result in the judical removal of cryptographic equipment
H>from the Munitions List.

However, cryptographic software being writings not equipment could be 
protected.  Thanks for your postings Hal but I note that the Supremes 
haven't spoken yet.  Even though it is tough to get a grant of cert, if we 
were able to a different result might occur.

Note that in a number of "regulatory" first amendment cases, the appeals 
courts decided in favor of the government while the Supremes voted 
unanimously in favor of freedom of communication.  Sometimes you have to 
make it up the ladder.

Two examples (sans names because I'm doing this from memory):  The 
Newsletter Case of 1985.  SEC tried for years to get investment 
newsletters to register as security advisors.  They picked a good test 
case.  Man was barred from security industry for perfidity kept running 
newsletters, SEC sued to force registration (which would have been 
rejected), SEC lost at trial, C of A went for the government, Supremes 
voted 8-0 for the defendent.

Minnesota or Wisconsin case -- man speaks at public hearing held by school 
board, State Labor Commissioner sues him for "unfair labor practice", he 
is a teacher and they accused him of 'negotiating with his employer 
outside of the collective bargaining process,' he loses at every level 
until he wins unanimously at State Supreme Court Level.

It ain't over 'till it's over.

Why don't UK companies produce PGP software for sale in the US?  They 
couldn't be reached as easily.

Duncan Frissell

A little war poetry for our current war:

(brought to you as a public service by Frissell & Associates, Privacy 
Consultants)


"FOR ALL WE HAVE AND ARE"

1914   by You Know Who

FOR all we have and are,
For all our children's fate,
Stand up and take the war.
The Hun is at the gate!
Our world has passed away,
In wantonness o'erthrown.
There is nothing left to-day
But steel and fire and stone!
Though all we knew depart,
The old Commandments stand:--
"In courage keep your heart,
In strength lift up your hand."

(cont in next msg)



--- WinQwk 2.0b#0