NODE f2d54011Constitutionality of new regs.
Bovine Remailer <haystack@cow.net>Tue, 31 Dec 1996 03:59:45 -0800 (PST)
One issue which I haven't seen anybody address is the
provision to make export licenses easier to obtain for those
companies which show a credible business plan that supports GAK.
1) Isn't this showing favouritism in an administrative
decision to people who support the government's political agenda.
2) If the export of a certain encryption `item' is inimical to
`National Security', isn't the harm to the `National Security' the same
regardless of whether the exporter plans to produce GAK products in the future
or not?
Based on these two points shouldn't this aspect of the regulations
considered as being `arbitrary' and hence unconstitutional.
A further thought. If you obtain an export license by showing
the government a business plan that supports GAK, but then do not
follow your business plan, how will the goverment `get' you?
NODE 9b38f38dRe: FIPS for AES
ghio@netcom.com (Matthew Ghio)Sat, 4 Jan 1997 22:20:33 -0800 (PST)
Anonymous wrote:
> One issue which I haven't seen anybody address is the
> provision to make export licenses easier to obtain for those
> companies which show a credible business plan that supports GAK.
>
> 1) Isn't this showing favouritism in an administrative
> decision to people who support the government's political agenda.
>
> 2) If the export of a certain encryption `item' is inimical to
> `National Security', isn't the harm to the `National Security' the same
> regardless of whether the exporter plans to produce GAK products in the
> future or not?
>
> Based on these two points shouldn't this aspect of the regulations
> considered as being `arbitrary' and hence unconstitutional.
Yes, yes, and no... Arbitrary government decisions are not unconstitutional
in general; however, arbitrary discretion in prohibiting publications is
most certainly a voilation of the First Amendment.
> A further thought. If you obtain an export license by showing
> the government a business plan that supports GAK, but then do not
> follow your business plan, how will the goverment `get' you?
They get you through their paradigm of standardless discretion.