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The utility of 1st amendment recognition of source code and human rights ruling

daemon@ATHENA.MIT.EDU (Ernest Hua)
Wed Dec 9 01:16:48 1998

From: "Ernest Hua" <hua@teralogic-inc.com>
To: <cryptography@c2.net>, <softspeech@samsara.law.cwru.edu>
Cc: <hua@teralogic-inc.com>
Date: Tue, 8 Dec 1998 16:46:14 -0800

Interesting passage below.  In particular,
notice the reference to the European Court
of Human Rights ruling.  Can this help with
the crypto cause?  After all, if software
is published elsewhere, it would be a
violation of freedom of speech to prevent
its publication in any way.

Ern

> From: http://www.heureka.clara.net/sunrise/spooks2.htm
>
> Much of what Richard Tomlinson or David
> Shayler have to say is being censored
> from the British Press ... When Shayler
> alleged a botched MI6 attempt to
> assassinate Colonel Gadafy, all the
> press was able to report was vague plots
> concerning Colonel Gadafy without
> revealing what these were. It took a
> report in the New York Times, ironically
> filed from London, to blow the whole
> thing wide open ...  The following day,
> The Guardian decided to go it alone and
> publish what was being reported in the
> New York Times. They used a ruling by
> the European Court of Human Rights in
> the Spycatcher case which ruled that the
> prevention of publication of material
> that had appeared elsewhere was a breach
> of the right to freedom of expression.



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