From: Tim May <tcmay@got.net>
Date: Sat, 26 Jul 1997 04:01:04 +0800
To: "Peter D. Junger" <cypherpunks@cyberpass.net>
Subject: Re: An Attempt to Hobble SAFE Crypto Bill
In-Reply-To: <Pine.GSO.3.95.970725111252.22013N-100000@well.com>
Message-ID: <v03102805affeb3524a23@[207.167.93.63]>
MIME-Version: 1.0
Content-Type: text/plain



At 12:22 PM -0700 7/25/97, Peter D. Junger wrote:

>This is interesting in a perverse sort of way.  Notice that it does
>not purport to forbid the _use_ of strong crypto.  Is software---
>especially if it is not for sale, but just given away---a product?
>Does writing software amount to manufacturing it?
>
>It actually does a very nice job of raising the first amendment issues
>that are ultimately going to kill export controls, as well as import
>controls, as applied to software.  It would seem that, unless one
>believes that the first amendment only protects pornographers, but not
>programmers, that this proposed legislation is either (i) blatantly
>unconstitutional or (ii) totally ineffective (since, if it is not
>unconstitutional, it could not be applied to the writing, distributing,
>importing, or even selling of those texts that we call programs.)

I agree. Far better to have a law "so bad, so blatantly unconstitutional"
that it _must_ be struck down, thus giving freedom to encrypt as one wishes
the endorsement it needs.

The Beltway Bandits need to resist the temptation to "work the issues" and
help craft a compromise bill which is still bad but not nearly so blatantly
unconstitutional, as this might do some real mischief by delaying the
overturning for many years.

(And, in my opinion, the modern American system is filled with thousands of
examples of laws inconsistent with original Constitutional intent, but not
so blatantly clearcut that the Supremes would have to act. The "death of a
thousand cuts," or the "frog in boiling water," whatever metaphor one
prefers.)

Better that the "cyber rights" groups simply take an absolutist stance on
all of these issue, about cryptography, labelling, etc.

And no legislation is needed, as the Constitution is pretty clearcut on the
basic issues.

--Tim May


--Tim May

There's something wrong when I'm a felon under an increasing number of laws.
Only one response to the key grabbers is warranted: "Death to Tyrants!"
---------:---------:---------:---------:---------:---------:---------:----
Timothy C. May              | Crypto Anarchy: encryption, digital money,
tcmay@got.net  408-728-0152 | anonymous networks, digital pseudonyms, zero
W.A.S.T.E.: Corralitos, CA  | knowledge, reputations, information markets,
Higher Power: 2^1398269     | black markets, collapse of governments.
"National borders aren't even speed bumps on the information superhighway."