Unformatted text preview: unch of legislators voted unanimously to do anything. In 1995 Dan Bernstein, with the help of the EFF, sued the U.S. government, seeking to bar the government from restricting publication of cryptographic documents and software . The suit claimed that the export control laws are unconstitutional, an “impermissible prior restraint on speech, in violation of the First Amendment.” Specifically, the lawsuit charges that the current export control process: — Allows bureaucrats to restrict publication without ever going to court. — Provides too few procedural safeguards for First Amendment rights. — Requires publishers to register with the government, creating in effect a “licensed press.” — Disallows general publication by requiring recipients to be individually identified. — Is sufficiently vague that ordinary people cannot know what conduct is allowed and what conduct is prohibited. — Is overbroad because it prohibits conduct that is clearly protected (such as speaking to foreigners within the United States). — Is applied too broadly, by prohibiting export of software that contains no cryptography, on the theory that cryptography could be added to it later. — Egregiously violates the First Amendment by prohibiting private speech on cryptography because the government wishes its own opinions on cryptography to guide the public instead. — Exceeds the authority granted by Congress in the export control laws in many ways, as well as exceeding the authority granted by the Constitution. Previous Table of Contents Next Products | Contact Us | About Us | Privacy | Ad Info | Home Use of this site is subject to certain Terms & Conditions, Copyright © 1996-2000 EarthWeb Inc. All rights reserved. Reproduction whole or in part in any form or medium without express written permission of EarthWeb is prohibited. Read EarthWeb's privacy statement. To access the contents, click the chapter and section titles. Applied Cryptography, Second Edition: Protocols, Algorthms, and Source Code i...
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