>> From: Andrew Lee <[email protected]> >> one who literally went head to head with the US government
> From Livingood, Jason <[email protected]> > Many people in the IETF have done so Jason, I question if any people in the IETF have pursued and won TWO decisions against the United States government, arguing over the constitutional right to publish engineering/science. [1] [2] [3] [4] I think it is only those who were, like me, publishing cryptographic software (with full source code) during the First Crypto War, and especially prior to 1996, who fully appreciate the tectonic nature of Judge Patel's decisions. Respectfully submitted, Tony Patti [1] https://cryptosystemsjournal.com/bernstein-decisions.html [2] https://www.cryptosystemsjournal.com/bernstein-decisions/CSJ-V4-Bernstein-De cision-1.pdf 32-page PDF of US District Judge Marilyn Hall Patel's decision of April 15, 1996. This is the "source code is speech for the purposes of the First Amendment" ruling, see page 27 of the decision [3] https://www.cryptosystemsjournal.com/bernstein-decisions/CSJ-V4-Bernstein-De cision-2.pdf 41-page PDF of US District Judge Marilyn Hall Patel's decision of December 9, 1996. Her ruling states: "The ITAR scheme, a paradigm of standardless discretion, fails on every count. This court finds nothing in the ITAR that places even minimal limits on the discretion of the licensor and hence nothing to alleviate the danger of arbitrary or discriminatory licensing decisions." (see page 20 of the decision) [4] https://www.eff.org/cases/bernstein-v-us-dept-justice _______________________________________________ TLS mailing list -- [email protected] To unsubscribe send an email to [email protected]
