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Technology Stocks : Qualcomm Incorporated (QCOM) -- Ignore unavailable to you. Want to Upgrade?


To: Ruffian who wrote (29670)5/10/1999 2:33:00 PM
From: quidditch  Respond to of 152472
 
Somewhat OT: Wonder if Q! supports the commercial interests here.

<U.S. Court Upholds Export of Encryption Code
By a staff reporter

10 May 1999 

An appeals court in the U.S. has upheld the right to export strong computer encryption codes last week saying that restricting this amounts to a violation of freedom of expression.
This decision could deal a serious blow to the U.S. government's policy of restricting the export of strong computer encryption codes - the codes that scramble data to prevent unauthorized third parties from accessing it. The U.S. government is concerned that these strong codes will make it impossible for law enforcement agencies to intercept messages from criminals or terrorists.

However, technology companies are lobbying for the relaxation of the restrictions on encryption to encourage the growth of e-commerce by ensuring the security of transactions with strong codes.

Last week's ruling maintained that source code is a form of expression and so protected by the American First Amendment guaranteeing freedom of expression.

"We conclude that encryption software, in its source code form and as employed by those in the field of cryptography, must be viewed as expressive for First Amendment purposes," wrote Judge Betty Fletcher of the 9th Circuit Court of Appeals ruling.

The ruling upheld a 1996 decision in the case of Daniel Bernstein, a then mathematics student who was refused permission to post encryption program - called Snuffle - on the Internet for academic comment. In order to post the information online, Bernstein needed an export permit as current regulations treat encryption codes like military weapons. Bernstein was turned down, and despite this ruling, he still cannot post his program while the government decides whether to appeal the decision.

© EMAP Media 1999