academic freedom I

[Dave Farber <farber () central cis upenn edu>]

------------------------Press Release---------------------------------


Law Professor Sues Federal Government
Over Computer Privacy Issues


Federal Civil Rights Action Seeks Injunction Against
State Department And National Security Agency


Cleveland Scholar Attacks Prohibition On Discussing
Cryptographic Software With Foreign Students And Colleagues




For Immediate Release
Cleveland, Wednesday, August 7, 1996


For More Information Contact:
Raymond Vasvari  (216) 522-1925
Gino Scarselli  (216) 291-8601


More Information Will Be Available at:
URL: //http:/samsara.law.cwru.edu




A Case Western Reserve University law professor filed suit today in
federal court, challenging government regulations which restrict
his ability to teach a course in computer law.  Peter Junger, a
twenty-five year veteran of the law school faculty, will file a
federal civil rights action this afternoon in the United States
District Court in Cleveland.  The suit names the Department of
State and the secretive National Security Agency, which administer
federal regulations limiting Professor Junger's ability to teach.


The case involves the International Traffic in Arms Regulations, or
ITAR, federal regulations which restrict the export of military
technology.  Under the ITAR, cryptographic computer software, which
encodes text to preserve the privacy of messages on the Internet,
is considered a "munition" and subject to strict export control.
The regulations raise significant First Amendment questions by
defining "export" to include discussing technical information about
non-classified software with foreign nationals, such as students
registered for Professor Junger's course.


In recent months, the State Department has sent a series of letters
threatening possible criminal action to a Florida man who posted a
simple cryptographic algorithm to the "sci.crypt" Usenet Newsgroup,
an Internet site popular with cryptography enthusiasts.  These and
similar incidents have caused Professor Junger to limit his
discussions of cryptographic material with foreign colleagues, for
fear of violating the ITAR.  Penalties for unlicenced disclosure of
cryptographic information are severe: federal law provides ten year
prison terms and One Million Dollar fines for those convicted of
violating the Arms Export Control Act, the legislation under which
the ITAR was promulgated.


Professor Junger, whose class at Case Western Reserve focuses on
the legal aspects of computer use and software development, plans
to turn away any foreign students who register for the course this
fall, largely because the law is uncertain as to what he may teach,
and to whom.


The restrictions at issue are administered by the Department of
State, in cooperation with the ultra-secret National Security
Agency, the organization charged with eavesdropping on foreign
governments.   Under the ITAR, Junger may not teach foreign
students about even simple software capable of encoding messages.
Such software is vital to maintaining the privacy of communications
and financial transactions on the Internet, and Junger believes
that lawyers need to understand how it works in order to prepare to
practice in an increasingly technological world.


The information that Junger wishes to disclose is widely available
on the Internet and elsewhere.  "It's not as though we are talking
about classified information,"  explained Gino Scarselli, one of
three lawyers representing Junger in the case.  "The material at
issue in this case can be found in any university library,  but the
regulations make no exceptions for even the most basic software,"
Scarselli noted.   The lawsuit does not challenge the government's
right to restrict access to classified information.


Junger is also represented by Raymond Vasvari and Kevin Francis
O'Neill, two Cleveland attorneys with considerable experience in
First Amendment issues.   As Vasvari explained, the suit presents
important First Amendment questions about the government's ability
to regulate academic life.  "These regulations allow the government
to dictate what a professor may and may not teach, even though the
material involved poses no threat to national security," Vasvari
explained.


The suit charges that by requiring Junger to apply for a federal
license to discuss cryptography with foreigners, the government is
violating a well-established First Amendment rule which prohibits
the government from imposing prior restraints on expression without
clear, narrowly drawn standards distinguishing prohibited
expression from permissible speech.  The United States Supreme
Court has consistently held that such prior restraints face a heavy
burden in court, and that standardless licencing schemes allowing
officials broad discretion in restriction speech are
unconstitutional.


Because computer cryptography is expected to play an important role
in the economic development of the Internet, the case is being
closely watched.  Scarselli has worked closely with attorneys
affiliated with the San Francisco based Electronic Frontier
Foundation in preparing the suit, and Junger and his lawyers have
been in frequent contact with John Gilmore, formerly of Sun
Microsystems, who has offered his assistance as a technical advisor
in the case.


At issue is not only Junger's right to discuss cryptography with
foreigners, but also his and other's right
distribute such information both in traditional forms and on the
internet.


Professor Junger's suit seeks declaratory and injunctive relief,
prohibiting the government from interfering with his, or any other
person's, discussing non-classified cryptographic information with
foreign persons or from publishing that information.  Lawyers for
Junger have moved the court for a preliminary injunction.  Junger's
course begins in the fall semester, later this month.


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