Linux-kernel mailing list archive 1999-20,: Re: 2.3.x wish list?

# Re: 2.3.x wish list?

Linus Torvalds (torvalds@transmeta.com)
16 May 1999 04:37:37 GMT

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In article <Pine.LNX.4.10.9905141723350.3553-100000@mtrausch.wcnet.org>,
Michael B. Trausch <mtrausch@wcnet.org> wrote:
>
>Wrong. There is a court ruling that says that if source code to
>encryption is available, then the encryption is ruled as speech and as
>such, it is unconstitutional to limit the exportation of it.

Right.

And wrong.

Yes, there's a court ruling. The ruling is almost certain to be held up
on appear for years by a government that thinks its own silly problems
are more improtant than the privacy of the people it's supposed to
protect. As happened to the lower court ruling in -97.

Until the case can be brought into the supreme court, that court ruling
doesn't actually imply much anything - although I agree that it is a
small victory for sanity, it is only a psychological victory right now.
EVENTUALLY it may be considered binding. Right now it's not something
you can really depend on.

Linus

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