At 12:22 PM -0700 7/25/97, Peter D. Junger wrote:
This is interesting in a perverse sort of way. Notice that it does not purport to forbid the _use_ of strong crypto. Is software--- especially if it is not for sale, but just given away---a product? Does writing software amount to manufacturing it?
It actually does a very nice job of raising the first amendment issues that are ultimately going to kill export controls, as well as import controls, as applied to software. It would seem that, unless one believes that the first amendment only protects pornographers, but not programmers, that this proposed legislation is either (i) blatantly unconstitutional or (ii) totally ineffective (since, if it is not unconstitutional, it could not be applied to the writing, distributing, importing, or even selling of those texts that we call programs.)
I agree. Far better to have a law "so bad, so blatantly unconstitutional" that it _must_ be struck down, thus giving freedom to encrypt as one wishes the endorsement it needs. The Beltway Bandits need to resist the temptation to "work the issues" and help craft a compromise bill which is still bad but not nearly so blatantly unconstitutional, as this might do some real mischief by delaying the overturning for many years. (And, in my opinion, the modern American system is filled with thousands of examples of laws inconsistent with original Constitutional intent, but not so blatantly clearcut that the Supremes would have to act. The "death of a thousand cuts," or the "frog in boiling water," whatever metaphor one prefers.) Better that the "cyber rights" groups simply take an absolutist stance on all of these issue, about cryptography, labelling, etc. And no legislation is needed, as the Constitution is pretty clearcut on the basic issues. --Tim May --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."