The Federal Court's decision stresses the expressive value of cryptography, and the unconstitutionality of the licensing scheme applied to this speech. While the ruling applies to the prior cryptography licensing scheme, the First Amendment issues are not significantly altered under the new arrangement. The provisions requiring the prior licensing of speech remain as unconstitutional with the Commerce Department as the licensing authority as they did when the State Department made licensing decisions. The ACLU urges that the cryptography export licensing rules be rescinded. Modification of the scheme is not sufficient to remove the First Amendment infringements.
Encryption is speech, and as such is entitled to protection.
The licensing regulations are unconstitutional, and need to be removed. Associate Director Lisa Kamm, Esq.