Actually, we might try inviting such prosecution -- e.g., with each of us posting source code for some algorithm to the list. This is so clearly publication (ala newsletters on paper) that the case would never hold but it wouldn't hurt to have a court rule. I wish I had your faith in the court system -- or perhaps I'm glad I don't. Either way, the fact that you and I and everyone on cypherpunks thinks that posting code to a private mailing list is "publication" means exactly nothing in court, any more than it would be if I made a huge conference call to everyone on cypherpunks to conspire to evade the ITAR regulations. - kitten