I understand from an AP reporter that the judge in the Bernstein challenge to the ITAR refuesed the motion to dismiss and -- if the reporter is correct -- held that source code is First amendment speech. This appears to conflict with the Karn decision that dismissed a somewhat similar challenge to the ITAR on political question grounds. A. Michael Froomkin | +1 (305) 284-4285; +1 (305) 284-6506 (fax) Associate Professor of Law | U. Miami School of Law | froomkin@law.miami.edu P.O. Box 248087 | http://www.law.miami.edu/~froomkin Coral Gables, FL 33124 USA | It's warm here.