[67168] in Cypherpunks

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Re: The Right to Keep and Bear Crypto

daemon@ATHENA.MIT.EDU (Michael Froomkin - U.Miami School )
Thu Oct 3 14:53:46 1996

Date: Thu, 3 Oct 1996 14:02:05 -0400 (EDT)
From: "Michael Froomkin - U.Miami School of Law" <froomkin@law.miami.edu>
To: Steve Schear <azur@netcom.com>
Cc: cypherpunks@toad.com
In-Reply-To: <v02130500ae78384961a4@[10.0.2.15]>

No. And No.  This argument will never fly in any court.

If you want to see why, go to my homepage

http://www.law.miami.edu/~froomkin

and search for the (fictional!)  "really pro-Clipper court decision". 
Then find the section trashing this argument.  (sorry I can't give a
better pointer but I'm not at work today). 

On Wed, 2 Oct 1996, Steve Schear wrote:

> A well-regulated Militia, being necessary to the security of a free
State,
> the right of the people
>  to keep and bear Arms, shall not be infringed.
>                                  --Constitution of the United States of America,
>                                  Amendment II, 1791
> 
> I'm not a consitiutional scholar, but it seems to me that since the
> government has already classed crypto as arms via ITAR and since the I am
> guaranteed the right to bear arms I choose to bear the crypto of my choice
> as part of my arsonal.
> 
[etc.]

**Benjamin Bradley Froomkin, b. Sept. 13, 1996, 8 lbs 14.5oz 21.5"**
                  **Age two weeks: 9 lbs 12 oz, 23"**
A. Michael Froomkin        | +1 (305) 284-4285; +1 (305) 284-6506 (fax)
Associate Professor of Law | 
U. Miami School of Law     | froomkin@law.miami.edu
P.O. Box 248087            | http://www.law.miami.edu/~froomkin
Coral Gables, FL 33124 USA | It's hot here.  And humid.


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