Decision in Karn Case

We just received this today. This is in part good news that the appeals
court did not just affirm the lower court decision but on the other hand,
it doesn't give much guidance to the court.

A html version is up at:
http://www.epic.org/crypto/export_controls/karn_decision_1_97.html

Dave



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             UNITED STATES COURT OF APPEALS

          FOR THE DISTRICT OF COLUMBIA CIRCUIT


No. 96-5121

Philip R. Karn, Jr.
   v.
U.S. Department of State

        On Appeal from the United States District Court
                 for the District of Columbia

    Before: Williams, Ginsburg, and Rogers, Circuit Judges

                     January 21, 1997

                         JUDGMENT

     In light of the recent Executive Order transferring
regulatory authority of non-military cryptographic computer
source code to the Commerce Department, and the Commerce
Department's promulgation of a new regulation under the authority
of the International Emergency Economic Powers Act, 50 U.S.C. secs.
1701 et seq., we remand this case to the district court to
consider the reviewability of and, if appropriate, the merits of
appellant's claim under the Administrative Procedure Act.
Because "basic tenets of judicial restraint and separation of
powers call upon [the court] first to consider alternative
grounds for resolution" when the court is asked to answer a
question involving the Constitution of the United States,
Lamprecht v. FCC, 958 F.2d 382, 389-90 (D.C. Cir. 1992), we
do not reach the constitutional issues raised by this appeal.

     The clerk is directed to withhold issuance of the mandate
herein until seven days after disposition of any timely petition
for rehearing. See D.C. Cir. Rule 41(a)(2). This instruction to
the Clerk is without prejudice to the right of any party at any
time to move for expedited issuance of the mandate for a good cause
shown.


                               Per Curiam
                               FOR THE COURT:

                                 /s/
                               Mark J. Langer, Clerk


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Electronic Privacy Information Center           *    202-547-5482 (fax)
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Anonymous wrote:
> >     In light of the recent Executive Order transferring
> > regulatory authority of non-military cryptographic computer
> > source code to the Commerce Department, and the Commerce
> > Department's promulgation of a new regulation under the authority
> > of the International Emergency Economic Powers Act, 50 U.S.C. secs.
> > 1701 et seq., we remand this case to the district court to
> > consider the reviewability of and, if appropriate, the merits of
> > appellant's claim under the Administrative Procedure Act.
> 
> And when that review finally reaches the appeals court,
> the administration can move the regulations to the state department.

  Look on the bright side. Maybe they'll move them around so much that
they'll lose them.
 
> The uniqueness of the anti-crypto regulations is that it is a law
> against intellectuals and academics. These people will not be willing to
> break the law and then challenge its constitutionality in the courts,
> or engage in any kind of civil disobedience demonstration.

  That is why the thugs and the brown-shirts always start by attacking
scattered individuals and those they can easily brand 'troublemakers.'
(Only in rare instances, do they start with Doctors).
  The intellectuals and academics might, at best, utter a few tut-tut's,
and by the time that the rule of force has become the order of the day,
there is no longer anyone 'below' them left free to object to the
attacks 
on themselves.

Toto

> http://www.epic.org/crypto/export_controls/karn_decision_1_97.html
> [...]
>     In light of the recent Executive Order transferring
> regulatory authority of non-military cryptographic computer
> source code to the Commerce Department, and the Commerce
> Department's promulgation of a new regulation under the authority
> of the International Emergency Economic Powers Act, 50 U.S.C. secs.
> 1701 et seq., we remand this case to the district court to
> consider the reviewability of and, if appropriate, the merits of
> appellant's claim under the Administrative Procedure Act.

And when that review finally reaches the appeals court,
the administration can move the regulations to the state department.

The uniqueness of the anti-crypto regulations is that it is a law
against intellectuals and academics. These people will not be willing to
break the law and then challenge its constitutionality in the courts,
or engage in any kind of civil disobedience demonstration. The author
of premail, for example, is doing a weird kind of civil *obedience*
demonstration to protect the laws. As long as that continues the
government can get away with playing their shell game.

By the way, what exactly happend to D.J. Bernstein's and the EFF's
threat to seek an injunction from Judge Patel if the new regulations
were not put on hold subject to constitutional review by January 2?
No updates at www.eff.org. Did EFF strike another deal with the
government?

lucifer@dhp.com (Anonymous) writes:
> By the way, what exactly happend to D.J. Bernstein's and the EFF's
> threat to seek an injunction from Judge Patel if the new regulations
> were not put on hold subject to constitutional review by January 2?
> No updates at www.eff.org. Did EFF strike another deal with the
> government?

EFF is a bunch of prostitutes, headed by the homosexual fascist Gilmore.

---

Dr.Dimitri Vulis KOTM
Brighton Beach Boardwalk BBS, Forest Hills, N.Y.: +1-718-261-2013, 14.4Kbps