First amendment and ITARs

[karn@qualcomm.com (Phil Karn)]

Hal,

Many thanks for posting those opinions. It doesn't look good at first glance.

On the other hand, there are some differences with the present case. Here
there is no question that the technical data on which PGP was based is already
extremely widespread around the world, so there is a question about whether
the form (algorithm description vs source code) makes a difference. And
there's a question about whether it's enough to simply make something available
for FTP within the US to get in trouble, and if so, how one reconciles this
with the First Amendment.

Phil