We discussed the IEEPA issues to some extent in our briefs in Bernstein as well, in case anyone cares. The gov't also discussed them, opposing our position. I don't keep track of which briefs are on the EFF website, but I assume they're both up now. Lee Tien At 8:22 AM -0800 8/25/97, John Young wrote: [snip]
Michael Foomkin has reviewed the legal gounds for continuing the "national emergency" undergirding the repeatedly extended period for not legislating up-to-date export regulations. To put off the fight to pass a new law, every August, as done a few days ago (http://jya.com/eo081997.txt), the presiding president issues an executive order under the International Emergency Economic Power Act (IEEPA) extending the national emergency initially declared during what appeared to be a genuine national threat decades ago.
It is these series of orders that legalize the EARs, and a lot more, so I read, beyond our decryption of the state/mil/com multi-level DMS.
See Michael's site for more on IEEPA and much more A-1 crypto-legal stuff at: