From: "Peter D. Junger" <junger@pdj2-ra.F-REMOTE.CWRU.Edu>
Date: Fri, 9 Aug 1996 13:59:32 +0800
To: Free Speech <freespeech@mail.multiverse.com>
Subject: Suit filed to enjoin crypto provisions of the ITAR
Message-ID: <199608081921.PAA30963@pdj2-ra.F-REMOTE.CWRU.Edu>
MIME-Version: 1.0
Content-Type: text/plain



[I have cross-posted this press release by my lawyers to several
mailing-lists. I am subscribed to all of them and I believe that this
information is relevant to all of them, but I apologize because you
may receive several copies.]

--
Peter D. Junger--Case Western Reserve University Law School--Cleveland, OH
Internet:  junger@pdj2-ra.f-remote.cwru.edu    junger@samsara.law.cwru.edu
		     URL:  http://samsara.law.cwru.edu


------------------------Press Release---------------------------------

Law Professor Sues Federal Government
Over Computer Privacy Issues

Federal Civil Rights Action Seeks Injunction Against 
State Department And National Security Agency

Cleveland Scholar Attacks Prohibition On Discussing 
Cryptographic Software With Foreign Students And Colleagues


For Immediate Release
Cleveland, Wednesday, August 7, 1996

For More Information Contact:
Raymond Vasvari  (216) 522-1925
Gino Scarselli  (216) 291-8601

More Information Will Be Available at:
URL: //http:/samsara.law.cwru.edu


     A Case Western Reserve University law professor filed suit today in
     federal court, challenging government regulations which restrict
     his ability to teach a course in computer law.  Peter Junger, a
     twenty-five year veteran of the law school faculty, will file a
     federal civil rights action this afternoon in the United States
     District Court in Cleveland.  The suit names the Department of
     State and the secretive National Security Agency, which administer
     federal regulations limiting Professor Junger's ability to teach.

     The case involves the International Traffic in Arms Regulations, or
     ITAR, federal regulations which restrict the export of military
     technology.  Under the ITAR, cryptographic computer software, which
     encodes text to preserve the privacy of messages on the Internet,
     is considered a "munition" and subject to strict export control.
     The regulations raise significant First Amendment questions by
     defining "export" to include discussing technical information about
     non-classified software with foreign nationals, such as students
     registered for Professor Junger's course.

     In recent months, the State Department has sent a series of letters
     threatening possible criminal action to a Florida man who posted a
     simple cryptographic algorithm to the "sci.crypt" Usenet Newsgroup,
     an Internet site popular with cryptography enthusiasts.  These and
     similar incidents have caused Professor Junger to limit his
     discussions of cryptographic material with foreign colleagues, for
     fear of violating the ITAR.  Penalties for unlicenced disclosure of
     cryptographic information are severe: federal law provides ten year
     prison terms and One Million Dollar fines for those convicted of
     violating the Arms Export Control Act, the legislation under which
     the ITAR was promulgated.

     Professor Junger, whose class at Case Western Reserve focuses on
     the legal aspects of computer use and software development, plans
     to turn away any foreign students who register for the course this
     fall, largely because the law is uncertain as to what he may teach,
     and to whom.

     The restrictions at issue are administered by the Department of
     State, in cooperation with the ultra-secret National Security
     Agency, the organization charged with eavesdropping on foreign
     governments.   Under the ITAR, Junger may not teach foreign
     students about even simple software capable of encoding messages.
     Such software is vital to maintaining the privacy of communications
     and financial transactions on the Internet, and Junger believes
     that lawyers need to understand how it works in order to prepare to
     practice in an increasingly technological world.

     The information that Junger wishes to disclose is widely available
     on the Internet and elsewhere.  "It's not as though we are talking
     about classified information,"  explained Gino Scarselli, one of
     three lawyers representing Junger in the case.  "The material at
     issue in this case can be found in any university library,  but the
     regulations make no exceptions for even the most basic software,"
     Scarselli noted.   The lawsuit does not challenge the government's
     right to restrict access to classified information.

     Junger is also represented by Raymond Vasvari and Kevin Francis
     O'Neill, two Cleveland attorneys with considerable experience in
     First Amendment issues.   As Vasvari explained, the suit presents
     important First Amendment questions about the government's ability
     to regulate academic life.  "These regulations allow the government
     to dictate what a professor may and may not teach, even though the
     material involved poses no threat to national security," Vasvari
     explained.

     The suit charges that by requiring Junger to apply for a federal
     license to discuss cryptography with foreigners, the government is
     violating a well-established First Amendment rule which prohibits
     the government from imposing prior restraints on expression without
     clear, narrowly drawn standards distinguishing prohibited
     expression from permissible speech.  The United States Supreme
     Court has consistently held that such prior restraints face a heavy
     burden in court, and that standardless licencing schemes allowing
     officials broad discretion in restriction speech are
     unconstitutional.

     Because computer cryptography is expected to play an important role
     in the economic development of the Internet, the case is being
     closely watched.  Scarselli has worked closely with attorneys
     affiliated with the San Francisco based Electronic Frontier
     Foundation in preparing the suit, and Junger and his lawyers have
     been in frequent contact with John Gilmore, formerly of Sun
     Microsystems, who has offered his assistance as a technical advisor
     in the case.  

     At issue is not only Junger's right to discuss cryptography with
     foreigners, but also his and other's right to publish and
     distribute such information both in traditional forms and on the
     internet.

     Professor Junger's suit seeks declaratory and injunctive relief,
     prohibiting the government from interfering with his, or any other
     person's, discussing non-classified cryptographic information with
     foreign persons or from publishing that information.  Lawyers for
     Junger have moved the court for a preliminary injunction.  Junger's
     course begins in the fall semester, later this month.