Carl Ellison says: >>Decisions made by the Secretary of Commerce with the concurrence of the >>Secretary of Defense with respect to exports of encryption products under >>this section shall not be subject to judicial review. > >I take it this last sentence is intended to kill Bernstein, Karn and Junger >and any other cases we might try to bring. Correct? How could that possibly be binding? Anything the court system thinks is subject to judicial review is subject to judicial review. I'm sure one of the real lawyers will add a lot more detail. However... The way something can be beyond judicial review is if it's purely an executive branch function. You can sue, of course, but in order to overcome that argument you'd have to show that either the function wasn't executive branch-specific, *or* some other constitutional right is being violated. To see how a judge can rule on such an issue, have a look at the trial court's opinion in the Karn case. You can find that opinion at http://venable.com/oracle/oracle7.htm, according to Karn's page (I was unable to confirm that link just now).