CARVIEW |
Junger v. US Department of State
Junger sought an injunction against the enforcement of provisions of the International Traffic in Arms Regulations that require him to get the permission of the State Department's Office of Defense Trade Controls (the "ODTC") before he can communicate information about cryptographic software to foreign persons, "whether in the United States or abroad." The penalty for failing to get such permission before disclosing the information can be as great as a fine of one million dollars and imprisonment for ten years. These provisions effectively prevent Junger from admitting foreign students to the course that he teaches about Computers and the Law at Case Western Reserve Law School in Cleveland, Ohio, and keep him from publishing his course materials and articles containing cryptographic software, or explaining what it does, how and where to get it, and how to use it.
The challenged licensing scheme threatens the long-run viability of the United States software industry and, according to a blue-ribbon panel of the National Research Council, already costs that industry at least "a few hundred million dollars per year ..., and all indications are that this figure will only grow in the future." The regulations have been extensively criticized by industry and bills to repeal or limit them are now pending in Congress.
Documents
Court Documents
- Brief in Support of Plaintiff's Motion for Preliminary Injunction[HTML, 57.23 KB]
- Declaration of Gino J. Scarselli (attorney for Peter Junger)[HTML, 3.14 KB]
- Declaration of Peter D. Junger[HTML, 11.55 KB]
- Draft injunction Junger hopes the court will issue in response to his mostion for preliminary injunction[HTML, 19.18 KB]
- Plaintiff's Motion for Preliminary Injunction[HTML, 1.06 KB]
Uncategorized
- Peter D. Junger Complaint[HTML, 24.86 KB] Complaint (lawsuit) filed by Peter D. Junger challenging the constitutionality of the ITAR and AECA restrictions on encryption export, on the grounds that the definition of "export" is so vague as to infringe his right to teach about encryption to any class with foreign students enrolled.
- Peter D. Junger Complaint[HTML, 24.86 KB]