[4930] in cryptography@c2.net mail archive
Re: Justice Dept asks Court of Appeals to reconsider ruling in
daemon@ATHENA.MIT.EDU (Declan McCullagh)
Tue Jun 22 11:08:20 1999
Date: Mon, 21 Jun 1999 22:55:35 -0400
To: "Steven M. Bellovin" <smb@research.att.com>, cryptography@c2.net
From: Declan McCullagh <declan@wired.com>
In-Reply-To: <19990621232616.D781741F16@SIGABA.research.att.com>
I have a more detailed report on Wired News:
http://www.wired.com/news/news/politics/story/20333.html
My favorite part of the brief (I quote it):
>
> Another argument: That this type of
> regulation is an executive-branch policy
> decision involving "extraordinarily
> sensitive" info that's too secret to
> disclose publicly. "Judicial review is
> particularly unworkable [since] decisions
> always involve an appraisal of the
> potential impact of proposed encryption
> exports on the government's [signals
> intelligence] and cryptoanalysis
> capabilities."
The brief also talks about how the case affects NSA SIGINT capability.
-Declan
At 07:26 PM 6-21-99 -0400, Steven M. Bellovin wrote:
>According to the AP, the Justice Department has asked the 9th Circuit Court
>of Appeals to reconsider its decision in the Bernstein case
>(http://www.nytimes.com/aponline/w/AP-Encryption.html). The article didn't
>say so, but I assume that they've asked for a rehearing by the full
>court, instead of just a three-judge panel.
>
