From: Anonymous <lucifer@dhp.com>
Date: Wed, 22 Jan 1997 21:10:51 -0800 (PST)
To: cypherpunks@toad.com
Subject: Re: Decision in Karn Case
Message-ID: <199701230510.VAA04820@toad.com>
MIME-Version: 1.0
Content-Type: text/plain


> http://www.epic.org/crypto/export_controls/karn_decision_1_97.html
> [...]
>     In light of the recent Executive Order transferring
> regulatory authority of non-military cryptographic computer
> source code to the Commerce Department, and the Commerce
> Department's promulgation of a new regulation under the authority
> of the International Emergency Economic Powers Act, 50 U.S.C. secs.
> 1701 et seq., we remand this case to the district court to
> consider the reviewability of and, if appropriate, the merits of
> appellant's claim under the Administrative Procedure Act.

And when that review finally reaches the appeals court,
the administration can move the regulations to the state department.

The uniqueness of the anti-crypto regulations is that it is a law
against intellectuals and academics. These people will not be willing to
break the law and then challenge its constitutionality in the courts,
or engage in any kind of civil disobedience demonstration. The author
of premail, for example, is doing a weird kind of civil *obedience*
demonstration to protect the laws. As long as that continues the
government can get away with playing their shell game.

By the way, what exactly happend to D.J. Bernstein's and the EFF's
threat to seek an injunction from Judge Patel if the new regulations
were not put on hold subject to constitutional review by January 2?
No updates at www.eff.org. Did EFF strike another deal with the
government?