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List:       cryptography
Subject:    Junger Reply to Gov Brief
From:       John Young <jya () pipeline ! com>
Date:       1999-05-27 15:58:01
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We offer Peter Junger's reply to the government's
brief in his appeal to the 6th Circuit:

   http://jya.com/pdj-reply6th.htm

Here's a swell petard hoisting excerpt:

The government has introduced evidence that the use 
of encryption "by foreign intelligence targets 'can have a 
debilitating effect on NSA's ability to collect and report 
critical foreign intelligence' ", but the government has not 
shown that the challenged regulations are an effective means 
of keeping encryption out of the hands of foreign intelligence 
targets. In contrast, Junger has submitted evidence to the 
contrary. 

Vice Admiral McConnell of the NSA, in response to Senator 
Murray's question "with at least 20 million people hooked up 
to the Internet how do U.S. export controls actually prevent 
criminals, terrorists, or whoever from obtaining encryption 
software?" stated that "encryption software distribution via 
Internet, bulletin board or modem does not undermine the 
effectiveness of encryption export controls."  NSA Deputy 
Director Adm. William Crowell repeated the same point to 
Congress, stating that "serious users of security products 
don't obtain them from the Internet." 

The testimony of these two high-ranking NSA officials is 
strong evidence that the regulations restricting the "export" 
of encryption source code on the Internet do not further the 
government's stated interest.

[End excerpt]

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