From: nobody@REPLAY.COM (Anonymous)
Date: Wed, 10 Sep 1997 15:05:21 +0800
To: cypherpunks@toad.com
Subject: Re: Government shows its hand...good news!
Message-ID: <199709100643.IAA15344@basement.replay.com>
MIME-Version: 1.0
Content-Type: text/plain



Tim May wrote:
> 
> At 8:12 PM -0700 9/9/97, Declan McCullagh wrote:
> >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."
> 
> Then this is _not_ the sense in which you seemed to be implying that the
> Supreme Court would be precluded from declaring the law unconstitutional.

Read it and think about it...

This kind of bureaucratic dildo is a subtle way of affording the Lying 
Nazi Fucks (TM) in power a way to _interpret_ the law unconstitutionally
without having it subject to "judicial review."
Ipso facto, you are mucho fuckedo by an unconstitutional interpretation
of a constitutional law.

Add to the above, the fact that unelected semi-secret committees of 
administration appointees will be exchanging bum-buddy favors with
the people doing the interpreting, and you will find a set of 
'established' procedures--from the White House down to the lowly
clerk that stamps "Denied" on your application to speak your native
tongue during overseas phone calls--which will _support_ the fascist's
case if you ever _do_ manage to get them into court.
(Much like the post of our Cpunk avon lady who sent the CFA post down
showing how the Alberta lawyer got suckered into comparing his stance
against gun registration to an 'established' unconstitutional law
against handgun registration.)

The deciding factor in a case such as this, from my experience, is
when the government whines about the terrible burden they would be
placed under if they were forced to go out and by an "Accepted"
rubber-stamp, at which point the judge decides that this would
take away from the available funds for nuclear warheads, and then
National Security would be compromised.
Ruling: Citizens, assume the position.

PositionMonger