Reuters 3:40pm 6.Jul.98.PDT WASHINGTON -- A district court has dismissed a law professor's challenge to US regulations strictly limiting the export of computer data-scrambling technology. Judge James Gwin ruled late Friday that the export limits, which prevented Case Western Reserve University Law School professor Peter Junger from posting the text of encryption programs on the Internet, did not violate the constitutional right to free speech. The Ohio court's ruling contradicts a California district court ruling last August that said source code -- the instructions a person writes telling the computer what actions to perform -- constitutes a form of speech subject to First Amendment protection. "Unlike instructions, a manual or a recipe, source code actually performs the function it describes," Gwin wrote. "While a recipe provides instructions to a cook, source code is a device, like embedded circuitry in a telephone, that actually does the function of encryption." Neither ruling gave speech protection to compiled code, a version of source code converted into an actual software program that could be run on a computer. The US government appealed the California decision and the issue may ultimately be decided by the Supreme Court. Civil libertarians and high-tech companies had hoped the court would overturn the export limits on encryption technology, which uses mathematical formulas to scramble information and render it unreadable without a password or software "key." Once the realm of spies and generals, encryption has become an increasingly critical means of protecting electronic commerce and global communications over the Internet. But law enforcement agencies, fearing encryption will be used by terrorists and international criminals to hide their activities, have instituted strict controls to limit the export of strong scrambling products. Lawyers opposed to the export rules said the Ohio court misunderstood the difference between source code and compiled code. "The Ohio court clearly doesn't understand the communicative nature of software," said Shari Steele, an attorney with the Electronic Frontier Foundation. "It's true that software helps to perform functions, but it does so by telling computers what to do.... It certainly is speech deserving of the highest levels of First Amendment protection." ----------------------------------------------------------------------- james 'keith' thomson <jkthomson@bigfoot.com> www.bigfoot.com/~ceildh jkthomson:C181 991A 405C EAFB 2C46 79B5 B1DC DB78 8196 122D [06.07.98] ceildh :1D79 59AF ED75 5945 6003 8240 DA34 ACCA 9DE4 6BC9 [05.14.98] ICQ:746241 <keys> at pgp.mit.edu ...and former sysop of tnbnog BBS ----------------------------------------------------------------------- Technology is introduced, utilized, depended upon, obsolete, standardized, and understood, in that order =======================================================================