Bernstein decision
[There will be many chances to talk to the press today about this. Call them up. Tell them what it means.] Lucky Green said:
The ruling provides an interesting data point, but is inconsequential to the software industry.
Jonathan Wienke said:
The decision seems to be a step in the right direction, but a VERY small one.
However you slice it, getting a Federal judge to declare both crypto export control regimes unconstitutional is a major accomplishment. This court case has done what a decade of lobbying, two decades of citizen activism, and a decade of crypto software entrepreneurship were not able to do. (Though all these things contributed greatly.) It stopped the export-control machinery in its tracks. Last December, the State Department stopped issuing crypto export licenses. Hugh Daniel had applied for one; it came back marked "returned without action". We later found out, by comparing notes with other export applicants, that this was a general policy; they didn't want to risk enforcing an unconstitutional law. They never did resume. A few weeks later, the Commerce Department started issuing "EI" export licenses under new regulations. Now there's no other department to turn to. We haven't found a third law that lets them regulate crypto export or use. And Judge Patel mentioned in her decision that "the government cannot avoid the constitutional deficiencies of its regulations by rotating oversight of them from department to department". Though she decided that they had not deliberately evaded her previous ruling, she's warning them not to try it. The next few weeks should be very interesting. There's a mailing list for announcements in the case, as appeals are filed, final orders come out, any hearings are scheduled, etc. Send mail to <majordomo@toad.com> containing the line "subscribe bernstein-announce". These announcements will also automatically go to cypherpunks, but there are people who don't want the volume but do want to get the news. Let them know. Thanks to all the cypherpunks for your ongoing support and participation in the case! John
On Tue, 26 Aug 1997, John Gilmore wrote:
However you slice it, getting a Federal judge to declare both crypto export control regimes unconstitutional is a major accomplishment.
Happy, Happy, Joy! Joy! So does this mean we can freely export all crypto now? How soon before the EAR's get thrown out? =====================================Kaos=Keraunos=Kybernetos============== .+.^.+.| Ray Arachelian |Prying open my 3rd eye. So good to see |./|\. ..\|/..|sunder@sundernet.com|you once again. I thought you were |/\|/\ <--*-->| ------------------ |hiding, and you thought that I had run |\/|\/ ../|\..| "A toast to Odin, |away chasing the tail of dogma. I opened|.\|/. .+.v.+.|God of screwdrivers"|my eye and there we were.... |..... ======================= http://www.sundernet.com ==========================
-----BEGIN PGP SIGNED MESSAGE----- In <Pine.SUN.3.96.970826110402.6437C-100000@beast.brainlink.com>, on 08/26/97 at 11:04 AM, Ray Arachelian <sunder@brainlink.com> said:
On Tue, 26 Aug 1997, John Gilmore wrote:
However you slice it, getting a Federal judge to declare both crypto export control regimes unconstitutional is a major accomplishment.
Happy, Happy, Joy! Joy! So does this mean we can freely export all crypto now? How soon before the EAR's get thrown out?
EAR has allways been a side issue. The true question should be: How soon before the bastards that supported EAR get thrown out? - -- - --------------------------------------------------------------- William H. Geiger III http://www.amaranth.com/~whgiii Geiger Consulting Cooking With Warp 4.0 Author of E-Secure - PGP Front End for MR/2 Ice PGP & MR/2 the only way for secure e-mail. OS/2 PGP 2.6.3a at: http://www.amaranth.com/~whgiii/pgpmr2.html - --------------------------------------------------------------- -----BEGIN PGP SIGNATURE----- Version: 2.6.3a Charset: cp850 Comment: Registered_User_E-Secure_v1.1b1_ES000000 iQCVAwUBNALn3o9Co1n+aLhhAQE5xwP/XPezgg+gsabYBafX5bjdD4PYEr6LWdHb 8fageK/9m4LAFJFtbsZdPCBtPCfIR31tVHVp7ovMhrfMC6yPWVoAcB9th1AX4I2J 7iRdhHgiwAuqEBuAiRnHVSG2CoRyBb6uqcWKg6zsRys3sah/gTX2RxdOCvFEBHcB 2ctlUbXH2yM= =R3Uz -----END PGP SIGNATURE-----
Happy, Happy, Joy! Joy! So does this mean we can freely export all crypto now? How soon before the EAR's get thrown out?
The Bernstein legal team is working on a definitive statement in a conference call this morning. As usual, talk to your own lawyer before doing anything rash. We put the decision up on the Web so you (and they) can read it and come to your own conclusions. See http://www.eff.org. John
On Tue, 26 Aug 1997, John Gilmore wrote:
[There will be many chances to talk to the press today about this. Call them up. Tell them what it means.]
Lucky Green said:
The ruling provides an interesting data point, but is inconsequential to the software industry.
Jonathan Wienke said:
The decision seems to be a step in the right direction, but a VERY small one.
However you slice it, getting a Federal judge to declare both crypto export control regimes unconstitutional is a major accomplishment.
Of course, but Commerce may keep harassing people who attempt crypto export. One thing that occurred to me was that if Commerce prosecutes everyone but Bernstein, then Mr. Bernstein could become a _very_ wealthy man. Think about it. How hard would it be to include the Snuffle algorithm in PGP, etc. How much for a Bernstein crypto license? Talk about muddying the waters. Mr Bernstein keeps upgrading his algorithm until it becomes a major portion of most crypto packages. This decision looks like the first major chink in the armor. Depending on how long it takes to free up the rest of the algorithms (if ever) Bernstein could recoup his legal investment many times over. Better yet if its public domain then everybody could include it _now_. An interesting type of virus. Jim Burnes
participants (4)
-
Jim Burnes -
John Gilmore -
Ray Arachelian -
William H. Geiger III