On Mon, Jun 21, 1999 at 07:26:11PM -0400, Steven M. Bellovin wrote:
> According to the AP, the Justice Department has asked the 9th Circuit Court
> of Appeals to reconsider its decision in the Bernstein case
> (http://www.nytimes.com/aponline/w/AP-Encryption.html). The article didn't
> say so, but I assume that they've asked for a rehearing by the full
> court, instead of just a three-judge panel.
They've asked for both, which is how this sort of thing works.
They advance two arguments in their petition -
"The EAR's Export Controls on Encryption Source Code Are Not a Facially
Unconstitutional Prior Restraint"
(arguing that the crypto export controls aren't targeted at expressive
activity, and hence not properly subject to a facial challenge on prior
restraint grounds)
and
"The Export Controls on Encryption Source Code are Severable From the
Export Controls on other Encryption Products".
(arguing that the Supreme Court, in _ACLU v. Reno_ 117 S.Ct. 2329,
establishes that it is appropriate for a court to sever part of a
statute or regulation where there is a "textual manifestation" of a
distinction between constitutional and unconstitutional regulation.)
--
Greg Broiles
[EMAIL PROTECTED]
