[I have cross-posted this press release by my lawyers to several mailing-lists. I am subscribed to all of them and I believe that this information is relevant to all of them, but I apologize because you may receive several copies.] -- Peter D. Junger--Case Western Reserve University Law School--Cleveland, OH Internet: junger@pdj2-ra.f-remote.cwru.edu junger@samsara.law.cwru.edu URL: http://samsara.law.cwru.edu ------------------------Press Release--------------------------------- Law Professor Sues Federal Government Over Computer Privacy Issues Federal Civil Rights Action Seeks Injunction Against State Department And National Security Agency Cleveland Scholar Attacks Prohibition On Discussing Cryptographic Software With Foreign Students And Colleagues For Immediate Release Cleveland, Wednesday, August 7, 1996 For More Information Contact: Raymond Vasvari (216) 522-1925 Gino Scarselli (216) 291-8601 More Information Will Be Available at: URL: //http:/samsara.law.cwru.edu A Case Western Reserve University law professor filed suit today in federal court, challenging government regulations which restrict his ability to teach a course in computer law. Peter Junger, a twenty-five year veteran of the law school faculty, will file a federal civil rights action this afternoon in the United States District Court in Cleveland. The suit names the Department of State and the secretive National Security Agency, which administer federal regulations limiting Professor Junger's ability to teach. The case involves the International Traffic in Arms Regulations, or ITAR, federal regulations which restrict the export of military technology. Under the ITAR, cryptographic computer software, which encodes text to preserve the privacy of messages on the Internet, is considered a "munition" and subject to strict export control. The regulations raise significant First Amendment questions by defining "export" to include discussing technical information about non-classified software with foreign nationals, such as students registered for Professor Junger's course. In recent months, the State Department has sent a series of letters threatening possible criminal action to a Florida man who posted a simple cryptographic algorithm to the "sci.crypt" Usenet Newsgroup, an Internet site popular with cryptography enthusiasts. These and similar incidents have caused Professor Junger to limit his discussions of cryptographic material with foreign colleagues, for fear of violating the ITAR. Penalties for unlicenced disclosure of cryptographic information are severe: federal law provides ten year prison terms and One Million Dollar fines for those convicted of violating the Arms Export Control Act, the legislation under which the ITAR was promulgated. Professor Junger, whose class at Case Western Reserve focuses on the legal aspects of computer use and software development, plans to turn away any foreign students who register for the course this fall, largely because the law is uncertain as to what he may teach, and to whom. The restrictions at issue are administered by the Department of State, in cooperation with the ultra-secret National Security Agency, the organization charged with eavesdropping on foreign governments. Under the ITAR, Junger may not teach foreign students about even simple software capable of encoding messages. Such software is vital to maintaining the privacy of communications and financial transactions on the Internet, and Junger believes that lawyers need to understand how it works in order to prepare to practice in an increasingly technological world. The information that Junger wishes to disclose is widely available on the Internet and elsewhere. "It's not as though we are talking about classified information," explained Gino Scarselli, one of three lawyers representing Junger in the case. "The material at issue in this case can be found in any university library, but the regulations make no exceptions for even the most basic software," Scarselli noted. The lawsuit does not challenge the government's right to restrict access to classified information. Junger is also represented by Raymond Vasvari and Kevin Francis O'Neill, two Cleveland attorneys with considerable experience in First Amendment issues. As Vasvari explained, the suit presents important First Amendment questions about the government's ability to regulate academic life. "These regulations allow the government to dictate what a professor may and may not teach, even though the material involved poses no threat to national security," Vasvari explained. The suit charges that by requiring Junger to apply for a federal license to discuss cryptography with foreigners, the government is violating a well-established First Amendment rule which prohibits the government from imposing prior restraints on expression without clear, narrowly drawn standards distinguishing prohibited expression from permissible speech. The United States Supreme Court has consistently held that such prior restraints face a heavy burden in court, and that standardless licencing schemes allowing officials broad discretion in restriction speech are unconstitutional. Because computer cryptography is expected to play an important role in the economic development of the Internet, the case is being closely watched. Scarselli has worked closely with attorneys affiliated with the San Francisco based Electronic Frontier Foundation in preparing the suit, and Junger and his lawyers have been in frequent contact with John Gilmore, formerly of Sun Microsystems, who has offered his assistance as a technical advisor in the case. At issue is not only Junger's right to discuss cryptography with foreigners, but also his and other's right to publish and distribute such information both in traditional forms and on the internet. Professor Junger's suit seeks declaratory and injunctive relief, prohibiting the government from interfering with his, or any other person's, discussing non-classified cryptographic information with foreign persons or from publishing that information. Lawyers for Junger have moved the court for a preliminary injunction. Junger's course begins in the fall semester, later this month.