EFF "Legal Cases - Crypto - Bernstein v. US Dept. of State: Tien Declaration Exhibits" Archive

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."