New crypto regulations

[gt@kdn0.attnet.or.jp (Gemini Thunder)]

Concerning the new crypto regulations:

" Note to paragraphs (b)(2) and (b)(3) of this section: A printed
book or other printed material setting forth encryption source code
is not itself subject to the EAR (see Sec. 734.3(b)(2)). However,
notwithstanding Sec. 734.3(b)(2), encryption source code in
electronic form or media (e.g., computer diskette or CD ROM) remains
subject to the EAR (see Sec. 734.3(b)(3))."

This is a big question for me.  How does the fact that the same exact
information, when stored on magnetic media, cause it to lose its
freedom of press protection?

Has magnetic media never been tested in court for freedom of press
applicability?  What are the laws that outline the differences between
magnetic media and printed media?  Specifically, the one(s) that
permit the non-protection of magnetic media?

Does this mean that if a journal published an article on some strong
non-key escrow encryption algorithm that included source code, it
could not later offer that same article on a CD-ROM collection?  or
provide that same source code online?