Bring Schneier book * International Trade in Arms Restrictions "Auxiliary Military Equipment" maintaining secrecy or confidentiality of information, with exceptions Exception for technical data in the public domain, but technical data does not include software. Software includes but is not limited to the system functional design, logic flow, algorithms, application programs, operating systems and support software for design, implementation, test, operation, diagnosis and repair. * State department jurisdiction vs. commerce dept. jurisdiction, "commodities jurisdiction" * Book (Schneier, good) * Phil Karn, works on wireless communications products for Qualcomm * Got a CJ for the book, not the disks - book is technical data in in the public domain * Filed a CJ for the disks, was denied - disks not an exact reproduction of what's in the book - falls under ITAR * Appealed on basis that disks were same as in book, data on disks were in public domain and covered by First Apendment. Refused. - no mention of argument that disk is same as book - software is not technical data, not subject to exception - software is for the purpose of allowing people to put cryptography in their applications - determined consistency with First Amendment * Appealed to Thomas McNamara (asst. secretary, dept. of state, bureau of politico-military affairs) concentrating on similarity, first amendment violation. Refused. - Disk is software, not technical data explaining theory of cryptographic software. - Does not discuss similarity with book, or First Amendment * Complaint filed, asking for declaratory judgment - Executive appeals exhausted - Concentrates on denial of first amendment rights - Wants the relevant provisions of the ITAR to be declared unconstitutional Joke (oldest profession in the world): Surgeon: creating Eve out of one of Adams' ribs Civil Engineer: creating order from chaos Computer Scientist: chaos