The Legality Of The Encryption Products Export Regulations

Cryptographic technologies are subject to export controls due to the fact that it can be used for criminal purposes or even as a weapon of war. Three cases have challenged the legality of the encryption export regulations.
The arguments made in these cases are that the regulations
  • a) are unconstitutional prior restraints on speech under the First Amendment
  • b) violate the plaintiffs' rights to due process under the Fifth Amendment
  • c) are not authorized by the International Emergency Economic Powers Act (IEEPA),
    which the President invoked by Executive Order to extend the Export Administration Regulations after the Export Administration Act expired in 1994.

    The following questions have been addressed in this article:

    What about the Karn case?
    What about the Bernstein case?
    What about the Junger case?

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