From: tomservo@access.digex.net (Scott Fabbri)
Date: Mon, 12 Feb 1996 13:15:37 +0800
To: cypherpunks@toad.com
Subject: re: Regulation of citizen-alien communications
Message-ID: <v02130504ad4465a2712e@[206.161.73.153]>
MIME-Version: 1.0
Content-Type: text/plain


-----BEGIN PGP SIGNED MESSAGE-----

Note: my references to the Constitution are from
http://atl46.atl.msu.edu/atl/reh/battle/u.s.con.html

"A. Padgett Peterson P.E. Information Security" writes:
>>> Gov does have the right (in fact the duty) to regulate communications
>>> between citizens and non-citizens/sites in other lands

lmccarth@cs.umass.edu replies:
>>(not wishing to start a flamewar) Why do you think so ?

"A. Padgett Peterson P.E. Information Security" replies:

>"...provide for the common defense"

(From the Preamble) So, if it isn't related to the "common defense," this
doesn't apply.

>"To regulate Commerce with foreign nations..."

(Article I, Section 8) My dictionary claims "commerce" is  "the buying or
selling of goods, esp. when done on a large scale between cities, states,
or nations" (primary definition, anyway). If you can convince someone that
"social intercourse" (secondary definition) is what the Founding Fathers
really meant, your argument carries more weight.

>"...or in adhering to their enemies, giving them Aid and Comfort."

(Article III, Section 3, clause 1)

Doesn't say anything about them being foreign or domestic. Theoretically
everyone who participated in the Confederate cause during the War Between
The States :^) committed treason -- but that's another argument.

>There are the bytes - try reading them in context.

Hmm. I did, but wasn't edified. It seems to me that Tim May's commentary is
dead on. Maybe a more appropriate statement would be:

     "The government has the power (_not_ the right) to regulate
     communications between citizens and non-citizens / sites in other
     lands under narrowly defined circumstances."

If you're not engaging in espionage, trading with countries like Libya or
Iraq, or committing treason, it doesn't sound like there's any reason for
the government to regulate your communications with non-citizens (at least
from a Constitutional point of view). That may not stop them from trying to
vacuum them up off the Internet, though. :-)

Scott

-----BEGIN PGP SIGNATURE-----
Version: 2.6.2

iQB1AwUBMR7Aq+vEnOI8TfM9AQH+vQMAjL/+IGDKKz9M1WB6LdeswpEVUWmLq+4i
qTrPH4pci8gkU3fH1O893xmWMCHbVCYywazk4tF69wyLV6WvWlNSOyYRW1S7xiq1
24PFoBpD7yLpDguTB2UEU1b9HxwZ017y
=Wus/
-----END PGP SIGNATURE-----