Anonymous wrote:

One issue which I haven't seen anybody address is the provision to make export licenses easier to obtain for those companies which show a credible business plan that supports GAK.

1) Isn't this showing favouritism in an administrative decision to people who support the government's political agenda.

2) If the export of a certain encryption `item' is inimical to `National Security', isn't the harm to the `National Security' the same regardless of whether the exporter plans to produce GAK products in the future or not?

Based on these two points shouldn't this aspect of the regulations considered as being `arbitrary' and hence unconstitutional.

Yes, yes, and no... Arbitrary government decisions are not unconstitutional in general; however, arbitrary discretion in prohibiting publications is most certainly a voilation of the First Amendment.

A further thought. If you obtain an export license by showing the government a business plan that supports GAK, but then do not follow your business plan, how will the goverment `get' you?

They get you through their paradigm of standardless discretion.