From: "Peter D. Junger" <junger@pdj2-ra.F-REMOTE.CWRU.Edu>
Date: Mon, 30 Dec 1996 07:20:29 -0800 (PST)
To: gt@kdn0.attnet.or.jp (Gemini Thunder)
Subject: Re: New crypto regulations
In-Reply-To: <32cc13c3.83442324@kdn0.attnet.or.jp>
Message-ID: <199612301517.KAA01543@pdj2-ra.F-REMOTE.CWRU.Edu>
MIME-Version: 1.0
Content-Type: text/plain


Gemini Thunder writes:

: How does the fact that the same exact
: information, when stored on magnetic media, cause it to lose its
: freedom of press protection?
: 
: Has magnetic media never been tested in court for freedom of press
: applicability?  What are the laws that outline the differences between
: magnetic media and printed media?  Specifically, the one(s) that
: permit the non-protection of magnetic media?

With the exception of the Karn case, which says little that is clear
on this exact subject, there is, in so far as I know, no law on the
subject.

: Does this mean that if a journal published an article on some strong
: non-key escrow encryption algorithm that included source code, it
: could not later offer that same article on a CD-ROM collection?  or
: provide that same source code online?

That is exactly what the new regulations seem to provide.  An interesting
question is what is the status of all those issues of Byte and Dr.
Dobb's that do have cryptopraphic source code and that are currently
available on the net.  Or are there any such articles?

These issues directly affect my case seeking to strike down the ITAR 
restrictions, which will be amended shortly to also challenge these new
regulations.  One of the things that I want to do is publish a law
review article that includes cryptographic software (in the form of
source code).  These now regulations will allow the printed version of 
the journal containing to be published without the law review or myself 
having to get a license, but today almost all law review articles are 
mirrored on the internet in the Lexis and Westlaw databases and many
also appear on their author's world wide web pages.

So I would be very interested if anyone could give me examples of
computer journal articles that are already on the net and that contain
source code of any sort, and especially those that contain
cryptographic source code.

Thanks.

--
Peter D. Junger--Case Western Reserve University Law School--Cleveland, OH
 EMAIL: junger@samsara.law.cwru.edu    URL:  http://samsara.law.cwru.edu   
     NOTE: junger@pdj2-ra.f-remote.cwru.edu will soon cease to exist