No. And No. This argument will never fly in any court. If you want to see why, go to my homepage http://www.law.miami.edu/~froomkin and search for the (fictional!) "really pro-Clipper court decision". Then find the section trashing this argument. (sorry I can't give a better pointer but I'm not at work today). On Wed, 2 Oct 1996, Steve Schear wrote:
A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. --Constitution of the United States of America, Amendment II, 1791
I'm not a consitiutional scholar, but it seems to me that since the government has already classed crypto as arms via ITAR and since the I am guaranteed the right to bear arms I choose to bear the crypto of my choice as part of my arsonal.
[etc.] **Benjamin Bradley Froomkin, b. Sept. 13, 1996, 8 lbs 14.5oz 21.5"** **Age two weeks: 9 lbs 12 oz, 23"** A. Michael Froomkin | +1 (305) 284-4285; +1 (305) 284-6506 (fax) Associate Professor of Law | U. Miami School of Law | froomkin@law.miami.edu P.O. Box 248087 | http://www.law.miami.edu/~froomkin Coral Gables, FL 33124 USA | It's hot here. And humid.