Decision in ITAR challenge case

[Michael Froomkin]

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 at law.miami.edu
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