From: Michael Froomkin <froomkin@law.miami.edu>
Date: Wed, 17 Apr 1996 18:52:38 +0800
To: cypherpunks <cypherpunks@toad.com>
Subject: Decision in ITAR challenge case
Message-ID: <Pine.SUN.3.91.960416192153.28185E-100000@viper.law.miami.edu>
MIME-Version: 1.0
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I understand from an AP reporter that the judge in the Bernstein
challenge to the ITAR refuesed the motion to dismiss and -- if the
reporter is correct -- held that source code is First amendment speech.
This appears to conflict with the Karn decision that dismissed a somewhat
similar challenge to the ITAR on political question grounds.

A. Michael Froomkin        | +1 (305) 284-4285; +1 (305) 284-6506 (fax)
Associate Professor of Law | 
U. Miami School of Law     | froomkin@law.miami.edu
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