FreeSWAN & US export controls

[Declan McCullagh]

Sigh. Choate on court decisions is like Ashcroft on civil liberties.
Neither understands them.

(Though I admit that Choate makes a common-sense point that does not,
alas, jibe the rulings in the crypto cases.)

-Declan

On Tue, Dec 11, 2001 at 06:12:17PM -0600, Jim Choate wrote:
> On Tue, 11 Dec 2001, Arnold G. Reinhold wrote:
> 
> > In the most recent ruling, Universal v. Remerdez/Eric Corley 2600.com 
> > (00-9185), http://cryptome.org/mpaa-v-2600-cad.htm , the US Court of 
> > Appeals for the Second Circuit declined to overturn an injunction 
> > against the posting of DeCSS on the Internet. The Court held that 
> > software was speech, but did not enjoy the level of First Amendment 
> > protection accorded to pure speech because it is functional with 
> > little human intervention.
> 
> That's where 'press' comes into play. The 1st provides two protections.
> The first is to have an opinion and to express it, 'speech'. The second is
> 'press' which guarantees the right to share with other humans. Speech that
> is not shared, after all, is no better than speech not uttered. Now this
> explicitly protects the hardware and 'non-human' mechanisms that humans
> use to distribute their speech. The courts will eventually find that the
> sharing of speech, irrespective of mechanism, is protected. To deny an
> individual a mechanism to share their speech is in fact a violation of
> their speech. In addition the first does NOT draw ANY distinctions about
> what sorts of speech are or are not protected, it simply says 'speech' is 
> protected.
> 
> 
>  --
>     ____________________________________________________________________
> 
>              Day by day the Penguins are making me lose my mind.
> 
>                                              Bumper Sticker
> 
>        The Armadillo Group       ,::////;::-.          James Choate
>        Austin, Tx               /:'///// ``::>/|/      ravage at ssz.com
>        www.ssz.com            .',  ||||    `/( e\      512-451-7087
>                            -====~~mm-'`-```-mm --'-
>     --------------------------------------------------------------------