Decision in Karn Case
We just received this today. This is in part good news that the appeals court did not just affirm the lower court decision but on the other hand, it doesn't give much guidance to the court. A html version is up at: http://www.epic.org/crypto/export_controls/karn_decision_1_97.html Dave ----------------------------------------------------------- UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT No. 96-5121 Philip R. Karn, Jr. v. U.S. Department of State On Appeal from the United States District Court for the District of Columbia Before: Williams, Ginsburg, and Rogers, Circuit Judges January 21, 1997 JUDGMENT In light of the recent Executive Order transferring regulatory authority of non-military cryptographic computer source code to the Commerce Department, and the Commerce Department's promulgation of a new regulation under the authority of the International Emergency Economic Powers Act, 50 U.S.C. secs. 1701 et seq., we remand this case to the district court to consider the reviewability of and, if appropriate, the merits of appellant's claim under the Administrative Procedure Act. Because "basic tenets of judicial restraint and separation of powers call upon [the court] first to consider alternative grounds for resolution" when the court is asked to answer a question involving the Constitution of the United States, Lamprecht v. FCC, 958 F.2d 382, 389-90 (D.C. Cir. 1992), we do not reach the constitutional issues raised by this appeal. The clerk is directed to withhold issuance of the mandate herein until seven days after disposition of any timely petition for rehearing. See D.C. Cir. Rule 41(a)(2). This instruction to the Clerk is without prejudice to the right of any party at any time to move for expedited issuance of the mandate for a good cause shown. Per Curiam FOR THE COURT: /s/ Mark J. Langer, Clerk ========================================================================= David Banisar (Banisar@epic.org) * 202-544-9240 (tel) Electronic Privacy Information Center * 202-547-5482 (fax) 666 Pennsylvania Ave, SE, Suite 301 * HTTP://www.epic.org Washington, DC 20003 PGP Key: http://www.epic.org/staff/banisar/key.html =========================================================================
http://www.epic.org/crypto/export_controls/karn_decision_1_97.html [...] In light of the recent Executive Order transferring regulatory authority of non-military cryptographic computer source code to the Commerce Department, and the Commerce Department's promulgation of a new regulation under the authority of the International Emergency Economic Powers Act, 50 U.S.C. secs. 1701 et seq., we remand this case to the district court to consider the reviewability of and, if appropriate, the merits of appellant's claim under the Administrative Procedure Act.
And when that review finally reaches the appeals court, the administration can move the regulations to the state department. The uniqueness of the anti-crypto regulations is that it is a law against intellectuals and academics. These people will not be willing to break the law and then challenge its constitutionality in the courts, or engage in any kind of civil disobedience demonstration. The author of premail, for example, is doing a weird kind of civil *obedience* demonstration to protect the laws. As long as that continues the government can get away with playing their shell game. By the way, what exactly happend to D.J. Bernstein's and the EFF's threat to seek an injunction from Judge Patel if the new regulations were not put on hold subject to constitutional review by January 2? No updates at www.eff.org. Did EFF strike another deal with the government?
lucifer@dhp.com (Anonymous) writes:
By the way, what exactly happend to D.J. Bernstein's and the EFF's threat to seek an injunction from Judge Patel if the new regulations were not put on hold subject to constitutional review by January 2? No updates at www.eff.org. Did EFF strike another deal with the government?
EFF is a bunch of prostitutes, headed by the homosexual fascist Gilmore. --- Dr.Dimitri Vulis KOTM Brighton Beach Boardwalk BBS, Forest Hills, N.Y.: +1-718-261-2013, 14.4Kbps
Anonymous wrote:
In light of the recent Executive Order transferring regulatory authority of non-military cryptographic computer source code to the Commerce Department, and the Commerce Department's promulgation of a new regulation under the authority of the International Emergency Economic Powers Act, 50 U.S.C. secs. 1701 et seq., we remand this case to the district court to consider the reviewability of and, if appropriate, the merits of appellant's claim under the Administrative Procedure Act.
And when that review finally reaches the appeals court, the administration can move the regulations to the state department.
Look on the bright side. Maybe they'll move them around so much that they'll lose them.
The uniqueness of the anti-crypto regulations is that it is a law against intellectuals and academics. These people will not be willing to break the law and then challenge its constitutionality in the courts, or engage in any kind of civil disobedience demonstration.
That is why the thugs and the brown-shirts always start by attacking scattered individuals and those they can easily brand 'troublemakers.' (Only in rare instances, do they start with Doctors). The intellectuals and academics might, at best, utter a few tut-tut's, and by the time that the rule of force has become the order of the day, there is no longer anyone 'below' them left free to object to the attacks on themselves. Toto
participants (4)
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Dave Banisar -
dlv＠bwalk.dm.com -
lucifer＠dhp.com -
Toto