http://www.eff.org/pub/Legal/Cases/Bernstein_case/Legal/Exhibits/Tien_declaration
Last Updated Thu Mar 13 10:42:48 PDT 2003
Exhibits filed with Lee Tien's declaration in support of the complaint
Files in this Archive
- exhibit.a
- This is a memo prepared for Davis Robinson, then the
Legal Adviser for the Department of State. This is a very
well-documented paper on the various unconstitutional provisions
of ITAR. The two areas this memo concentrates on are the
"technical data" definition as well as the definition of "export."
Near the conclusion, Simms states: "We remain of the opinion,
however, that ... the ITAR still present some areas of
potentially unconstitutional application. ...The best legal
solution ... is for the Department of State, not the courts, to
narrow the regulations."
- exhibit.b
- This is a cover letter for the draft letter from
Robert McConnell to Senator Jake Garn. It, and the draft, were
written by Theodore Olson, Assistant Attorney General for the
Office of Legal Counsel. It reaffirms the OLC position that
the proposed EAA, and the existing ITAR, establish a regulatory
scheme that "extends too broadly into an area of protected
First Amendment speech."
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