Re: Crypto Law Survey
Thank you for your useful survey. May I make two comments about the US section? First, many lawyers believe the ITAR to be unconstitutional as applied to some or all cryptographic algorithims and software; a court test is likely within the next few years. Second, the American Bar Association Section on Science and Technology's Information Security Committee is drafting Guidelines and Model Legislation which, if they are ever completed, will improve upon the Utah initiative. Meanwhile, other states, including California, are considering bills that are similar to Utah's. -- Michael Froomkin until Aug 6: michael@umlaw.demon.co.uk U.Miami School of Law London, England mfroomki@umiami.ir.miami.edu <-- this will still find me PO Box 248087 Coral Gables, FL 33124-8087 "Rain in parts, then dry" --BBC See http://www-swiss.ai.mit.edu/6095/articles/froomkin-metaphor/text.html
This list might usefully be supplemented by an electronic censorship law review as the two issues are inextricably intertwined. There is a news piece in the 20th July issue of NATURE saying that in the UK, the Lord Chancellor, Lord Mackay of Clashfern will be floating draft legislation to protect ISP's from defamation actions brought about by posts from their users. Mackay's Defamation Bill does not address USENET and moderated discussion groups apparently. Do our UK-centric readers have any more details on the proposals? C. J. Leonard ( / "DNA is groovy" \ / - Watson & Crick <cjl@welchlink.welch.jhu.edu> / \ <-- major groove ( \ Finger for public key \ ) Strong-arm for secret key / <-- minor groove Thumb-screws for pass-phrase / )
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Michael＠umlaw.demon.co.uk