http://www.epic.org/crypto/export_controls/karn_decision_1_97.html [...] In light of the recent Executive Order transferring regulatory authority of non-military cryptographic computer source code to the Commerce Department, and the Commerce Department's promulgation of a new regulation under the authority of the International Emergency Economic Powers Act, 50 U.S.C. secs. 1701 et seq., we remand this case to the district court to consider the reviewability of and, if appropriate, the merits of appellant's claim under the Administrative Procedure Act.
And when that review finally reaches the appeals court, the administration can move the regulations to the state department. The uniqueness of the anti-crypto regulations is that it is a law against intellectuals and academics. These people will not be willing to break the law and then challenge its constitutionality in the courts, or engage in any kind of civil disobedience demonstration. The author of premail, for example, is doing a weird kind of civil *obedience* demonstration to protect the laws. As long as that continues the government can get away with playing their shell game. By the way, what exactly happend to D.J. Bernstein's and the EFF's threat to seek an injunction from Judge Patel if the new regulations were not put on hold subject to constitutional review by January 2? No updates at www.eff.org. Did EFF strike another deal with the government?