From: Tim May <tcmay@got.net>
Date: Wed, 10 Sep 1997 11:51:27 +0800
To: Declan McCullagh <declan@well.com>
Subject: Re: Government shows its hand...good news!
In-Reply-To: <Pine.GSO.3.95.970909194656.9741B-100000@well.com>
Message-ID: <v03102805b03bc30dbcb6@[207.167.93.63]>
MIME-Version: 1.0
Content-Type: text/plain



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.

--Tim May

>-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."
>> >
>> >
>> >
>> >
>> >
>> >
>>
>>


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."