From: Jeff Barber <jeffb@sware.com>
Date: Wed, 14 Feb 1996 08:21:35 +0800
To: PADGETT@hobbes.orl.mmc.com (A. Padgett Peterson P.E. Information Security)
Subject: Re: Communication
In-Reply-To: <960213100636.2021706c@hobbes.orl.mmc.com>
Message-ID: <199602131605.LAA22213@jafar.sware.com>
MIME-Version: 1.0
Content-Type: text/plain


A. Padgett Peterson P.E. Information Security writes:

> Now in the case of extra-National communications, I believe that in certain
> cases the Nation-state has not only the sovereign right of control but the 
> obligation to control. For example just to pick a popular example, France 
> might negotiate a trade agreement with the USA that included an agreement to 
> block all PGP communications between the two countries. That would be legal.

Padgett, you can't just throw out these pronouncements without supporting 
arguments.  Why would this be legal?  Merely because you say so?
Where would the US government get the authority to prohibit all PGP
communications?  If you still insist this is allowed by the "regulate
foreign commerce" clause of the US Constitution, you at least need
to describe how the USG would attempt to justify it to a court as
commerce.  Furthermore, since the foreign commerce clause is also the
inter-state commerce clause, explain why the government can't use the
same argument to prohibit us folks in Georgia from using PGP in our
communications with Californians (for example).  Or do you believe it can?


-- Jeff