We offer Peter Junger's reply to the government's brief in his appeal to the 6th Circuit: http://jya.com/pdj-reply6th.htm Here's a swell petard hoisting excerpt: The government has introduced evidence that the use of encryption "by foreign intelligence targets 'can have a debilitating effect on NSA's ability to collect and report critical foreign intelligence' ", but the government has not shown that the challenged regulations are an effective means of keeping encryption out of the hands of foreign intelligence targets. In contrast, Junger has submitted evidence to the contrary. Vice Admiral McConnell of the NSA, in response to Senator Murray's question "with at least 20 million people hooked up to the Internet how do U.S. export controls actually prevent criminals, terrorists, or whoever from obtaining encryption software?" stated that "encryption software distribution via Internet, bulletin board or modem does not undermine the effectiveness of encryption export controls." NSA Deputy Director Adm. William Crowell repeated the same point to Congress, stating that "serious users of security products don't obtain them from the Internet." The testimony of these two high-ranking NSA officials is strong evidence that the regulations restricting the "export" of encryption source code on the Internet do not further the government's stated interest. [End excerpt]
