In message <9507150128.AA16854@toad.com> "Brian A. LaMacchia" writes: [...] I agree that as drafted any GAK'ed crypto satisfies the affirmative defense under Grassley's s. 1030(a).

The proposed 1030A(c) provides a defense to prosecution under 1030A(a). So if GAKed crypto satisfies 1030A(c) then it can be deployed without fear of prosecution under 1030A(a). It might still violate ITAR, of course, although I suspect any system that satisfies 1030A(c) would be granted a CJ.

AFAIK, neither Clipper nor Capstone have actually gotten export clearance yet. No demand? Fact that there were at last count no more than two beta versions of the decrypt processor in existence? Or is my info just out of date.... [...] -- 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. Sun. Rain. Sun. Rain.