Internet Law Exercise 4

Cryptographic free speech in cyberspace

CAVEAT: This exercise reading is lengthy and will require some extra time on your part to complete.

Read GigaLaw text pages 151-240

Data cryptography is the science and art of keeping messages secure. 

Maravel Gozgeek is a cryptoanalyst and designer of encryption programs. He wants to share his ideas and publish his research on the internet to an interest group. He was warned that this action could violate federal laws that regulate the export of "arms and munitions". He believes that he can escape the restrictions imposed by federal law if he creates a program that encrypts and decrypts using a "code key" that the sender gives the receiver separately. Moreover, if he is prohibited from sharing this information he believes his "free speech" rights will be impaired.

Conduct a web search, starting with the sites below, and determine the extent that "cryptograpic speech" is protected by the First Amendment. 

THE METAPHOR IS THE KEY: CRYPTOGRAPHY, THE CLIPPER CHIP, AND THE CONSTITUTION http://www.law.miami.edu/~froomkin/articles/clippern.htm

Flood Control on the Information Ocean http://personal.law.miami.edu/~froomkin/articles/ocean.htm

On Westlaw read Karn v. U.S. Dept. of State at 925 F.Supp. 1, then follow-up reading at 107 F.3d 923 [use ALLFEDS] database. Go to Westlaw.

After your research, comment on the extent that "cryptograpic speech" is protected by the First Amendment and the advice you would give to Gozgeek.

 

Send me an e-mail with your response (200-300 words).

Send to:ajbolla@gmail.com This is the e-mail I use to receive your work product.
Use "subject" line: exercise4

Include your personal identification information in any answer you "attach" to e-mail, otherewise you may not get full credit for your answer.