[CrackMonkey] [wendy@seltzer.com: [dvd-discuss] Junger v. Daley: 6th Cir. says source code is speech]

[Seth David Schoen]

Monkey Master writes:

> begin  The ASCII Floating Head of Seth David Schoen quotation:
> > ----- Forwarded message from Wendy Seltzer <wendy at seltzer.com> -----
> > Having concluded that the First Amendment protects computer source
> > code, we reverse the district court and remand this case for further
> > consideration of Junger's constitutional claims in light of the
> > amended regulations.
> 
> 	Which case was this?  I'm not familiar with the names.

Professor Peter Junger, at CWRU, sued the government to challenge the
crypto export rules -- just like Daniel Bernstein, then at Berkeley.
The cases were very parallel, except that Bernstein won and Junger lost.

So Junger appealed, and today his appeal was decided in his favor by
the 6th Circuit Court of Appeals.  So now his local District Court is
supposed to look at the case again to see whether (under the new crypto
export regulations) he still has a cause of action.

I'll have an Advogato diary entry discussing this later today.  I should
write an Advogato article about it, but I don't have time right now.

> 	Is this an official ruling?

Yes, for the 6th Circuit.

-- 
Seth David Schoen <schoen at loyalty.org>  | And do not say, I will study when I
Temp.  http://www.loyalty.org/~schoen/  | have leisure; for perhaps you will
down:  http://www.loyalty.org/   (CAF)  | not have leisure.  -- Pirke Avot 2:5