From: Declan McCullagh <declan@well.com>
Date: Wed, 10 Sep 1997 11:34:21 +0800
To: Tim May <tcmay@got.net>
Subject: Re: Government shows its hand...good news!
In-Reply-To: <Pine.GSO.3.95.970909194656.9741B-100000@well.com>
Message-ID: <Pine.GSO.3.95.970909201055.9741C-100000@well.com>
MIME-Version: 1.0
Content-Type: text/plain



Let me clarify my earlier comments. The language sez Defense & Commerce
together can veto crypto exports, and:

"Decisions made by the Secretary of Commerce with the concurrence of the
Secretary of Defense with respect to exports of encryption products under
this section shall not be subject to judicial review."

-Declan



On Tue, 9 Sep 1997, Declan McCullagh wrote:

> Let me type in that section. But I'm talking about the issue of the
> constitutionality of the legislation, of course. National security and
> all.
> 
> -Declan
> 
> On Tue, 9 Sep 1997, Tim May wrote:
> 
> > At 5:57 PM -0700 9/9/97, Declan McCullagh wrote:
> > >I won't comment on Tim's second possibility, but the amendment added to
> > >SAFE today by one committee //prohibits// judicial review. So much for the
> > >Supremes likely to strike it down.
> > >
> > 
> > "Prohibits" in what sense, and in what language?
> > 
> > There's obviously a difference between prohibiting judicial review of
> > specific wiretaps and the issue of the constitutionality of the legislation
> > itself! I can only surmise you must mean that language has been added
> > saying magistrates, etc. are not part of the wiretap process.
> > 
> > Clearly Congress, by the separation of powers arrangement we have in the
> > U.S., cannot say "And, oh by the way, the Supreme Court is not allowed to
> > declare this law unconstitutional."
> > 
> > --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."
> > 
> > 
> > 
> > 
> > 
> > 
> 
>