-Caveat Lector- <A HREF="http://www.ctrl.org/"> </A> -Cui Bono?- from: http://www.wired.com/news/politics/0,1283,35425,00.html Click Here: <A HREF="http://www.wired.com/news/politics/0,1283,35425,00.html"> Wired News</A> ----- Crypto Regs Challenged Again by Declan McCullagh 4:00 p.m. Apr. 4, 2000 PDT Privacy advocates won a preliminary victory when for the second time a federal appeals court questioned restrictions on data-scrambling encryption software. The Sixth Circuit Court of Appeals suggested Monday that President Clinton's restrictions on distributing encryption products might be unconstitutional. "Because computer source code is an expressive means for the exchange of information and ideas about computer programming, we hold that it is protected by the First Amendment," a three-judge panel said in a unanimous 17K B decision. That decision reversed a July 1998 ruling by a federal district court. And while the panel did not strike down the Clinton administration's regulations, it did refer the matter back to U.S. District Judge James Gwin for another hearing. Earlier Gwin had ruled the First Amendment did not apply. The Justice Department says source code is akin to instructions for a machine, and rules governing its distribution are necessary for national security reasons. Now that the appeals court has ruled source code is protected by the First Amendment, the government will have a much tougher time arguing it should have the power to imprison a law professor for posting a book on his website. Peter Junger, a professor at Case Western University School of Law, sued the federal government after it told him he needed a license to post a chapter of his Computers and the Law textbook online. The American Civil Liberties Union, which represents Junger, applauded the ruling. "This is a great day for programmers, computer scientists and all Americans who believe that privacy and intellectual freedom should be free from government control," said ACLU Legal Director Raymond Vasvari. In a separate case that also challenges the criminal penalties the U.S. government imposes for unauthorized encryption distribution, the 9th U.S. Circuit Court of Appeals in May 1999 ruled that encryption source code was speech protected by the First Amendment. "We conclude that the challenged regulations allow the government to restrain speech indefinitely with no clear criteria for review," the 9th Circuit panel said in its decision in a case brought by math professor Daniel Bernstein. But it's not clear what happens next in either the Junger or Bernstein cases. The Clinton administration relaxed the regulations in January, and the move is likely to delay both lawsuits for some time. In fact, the Commerce Department, which administers the regulations, says that Bernstein no longer has anything to worry about. "You ask for an advisory opinion in light of your concern that the new regulations 'continue to interfere with Professor Bernstein's planned scientific activities.' Your concerns are unfounded," a Commerce Department Bureau of Export Administration official wrote to Bernstein's lawyers in February. Bernstein asked in March for a rehearing by the district court to take into account the regulation changes. Copyright � 2000 Wired Digital Inc., a Lycos Network site. All rights reserved. <A HREF="http://www.ctrl.org/">www.ctrl.org</A> DECLARATION & DISCLAIMER ========== CTRL is a discussion & informational exchange list. Proselytizing propagandic screeds are not allowed. Substance�not soap-boxing! These are sordid matters and 'conspiracy theory'�with its many half-truths, misdirections and outright frauds�is used politically by different groups with major and minor effects spread throughout the spectrum of time and thought. That being said, CTRL gives no endorsement to the validity of posts, and always suggests to readers; be wary of what you read. CTRL gives no credence to Holocaust denial and nazi's need not apply. Let us please be civil and as always, Caveat Lector. ======================================================================== Archives Available at: http://home.ease.lsoft.com/archives/CTRL.html http:[EMAIL PROTECTED]/ ======================================================================== To subscribe to Conspiracy Theory Research List[CTRL] send email: SUBSCRIBE CTRL [to:] [EMAIL PROTECTED] To UNsubscribe to Conspiracy Theory Research List[CTRL] send email: SIGNOFF CTRL [to:] [EMAIL PROTECTED] Om
