VLVL(6) - SNUFFLE update
David Morris
davidm at hrihci.com
Tue Dec 8 16:35:41 CST 1998
from:
http://www.news.com/News/Item/0,4,6343,00.html
Judge rejects crypto limits
By Alex Lash
Staff, CNET News.com
December 19, 1996, 9:30 a.m. PT
update In a ruling released yesterday, a federal judge declared that
government restrictions on the distribution of encryption software violate
First Amendment rights of free speech.
U.S. District Court Judge Marilyn Patel's ruling regarded Bernstein vs.
U.S. Department of State, a suit filed two years ago by University of
Illinois math professor Daniel Bernstein who was told by the State
Department that he couldn't publish an encryption program without
registering as an arms dealer and acquiring an export license.
[snip]
Patel's ruling is the second on the case. She had ruled in April that
software source code is a form of protected free speech. "Like music and
mathematical equations, computer language is just that- language--and it
communicates information either to a computer or to those who can read it.
For the purpose of First Amendment analysis, this court finds that source
code is speech."
The ruling released yesterday went further, saying that existing government
controls on the distribution of encryption software are so convoluted that
they create an atmosphere of "prior restraint," and thus restrict
constitutionally protected speech.
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