TCM
Whether this NSA paranoia has anything to do with the final decision on the Zimmermann et. al. matter is unclear, but it is likely that a very strong challenge to the ITARs--maybe the appeal by Phil Karn is such a challenge, maybe the Bernstein case--will result in big chunks of the ITARs being thrown out.
regarding these discussions about challenging the ITAR, I think it would have to be done by some really daring lawyers. there are some precedents for judges slapping secrecy orders on various aspects of the trial whenever the NSA is involved-- just another way the NSA loves to manipulate our government system via a technique that might be called "shadow puppetry" <g> the case then dies a slow painful death of attrition in the dark. anyway, one would have to somehow intersect with a judge that is not easily intimiated by "national security" issues. I am dead serious- -the first thing NSA or "intelligence agency" lawyers do is try to impress the judge that this is an unusual case that requires strict secrecy in the interests of national security. having brave lawyers might mean they are willing to defy secrecy orders about the trial to publicize it in the open to win public attention and support. I think this would be difficult. but one has to try. there is a simple formula to fighting the NSA and their horrible tactics: disclosure can be a powerful weapon in our favor. the NSA will usually back down from a confrontation instead of escalating it. public exposure is their absolute worst nightmare. there are a lot of spooks in the NSA who cringe every time those initials are used. well, NSA NSA NSA NSA NSA NSA NSA NSA!!! (maybe I can actually get a few of them to have heart attacks by saying that) again, I continue to believe that the main problem with the NSA/ITAR is not so much that either exists, but that everyone in our country is following both as if they are the rule of law. you get more of what you roll over for.