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[FYI] Ohio ACLU Files Brief in Internet Appeal


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2 March 1999 

See related files: http://jya.com/pdj.htm 

                                           Press Release
                                       For Immediate Release
                                          March 2, 1999 

                     Ohio ACLU Files Brief in Internet Appeal 

         Cleveland Law Professor Seeks Right to Publish Encryption
         Information Online 

                                    For More Information, Contact: 

                       Raymond Vasvari, Legal Director, ACLU of Ohio,
                   Gino J. Scarselli, Associate Legal Director, ACLU
                   of Ohio, 216-781-6277 

The American Civil Liberties Union of Ohio filed a brief yesterday in
the United States Court of Appeals, on behalf of a Cleveland law
professor who wants to publish encryption information on his World
Wide web site. 

Peter D. Junger is a law professor at Case Western Reserve University
in Cleveland. He teaches a class in computers and the law . 

In August 1996, Junger filed suit in federal court, challenging
government regulations that prohibit him from publishing certain
programing language online without a government licence. Gino
Scarselli, one of three lawyers representing Junger, explained that
the licensing requirement violates the First Amendment right to free
expression, because it forces Junger to submit his work to a censor
before publishing it online. The Commerce Department, and the super
secret National Security Agency, two of the defendants in the Junger
case, contend that programming languages are functional and not
expressive. United States District Judge James Gwin in Akron agreed,
ruling against Junger on July 2, 1998. Junger has appealed the
decision, with the help of the ACLU. 

In the brief filed yesterday, ACLU lawyers argued that the district
court failed to recognize the significance of programming languages,
which for tens of thousands of computer processionals are a basic
means of communication. Computer scientists need these languages to
communicate complex ideas with precision. They should not need
government permission to share those ideas with colleagues via the
Internet," said Raymond Vasvari, another of Junger's attorneys. The
brief filed yesterday also faults government regulations for a lack of
procedural safeguards to ensure even handed enforcement. The
government will file its brief next month, and Junger will have an
opportunity to responding writing before the case is argued before the
Sixth Circuit Court of Appeals, in Cincinnati. The Junger case has
attracted national attention. It is one of only three cases nationwide
to challenge the government regulations in question. 



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