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Junger V. Daley
''Junger v. Daley'' is a court case brought by Peter Junger challenging restrictions on the export of encryption software outside of the United States. The case was first brought in 1996 (as ''Junger v. Christopher''), when Junger was a professor at Case Western Reserve University and wanted to teach a class on computer law. Because of the restrictions, he was unable to accept non-US citizens into his class. Following a district court victory in the '' Bernstein v. United States'' case on the same matter, Junger amended his complaint to ask for an injunction on enforcement of the regulations prohibiting his publication of encryption course materials on the Internet. The case led to an important ruling in 2000, with the Sixth Circuit holding that software source code is protected by the First Amendment. See also * Export of cryptography The export of cryptography is the transfer from one country to another of devices and technology related to cryptography. In the early days of ...
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Peter Junger
Peter D. Junger (1933 – November 2006) was a computer law professor and Internet activist, most famous for having fought against the U.S. government's regulations of and export controls on encryption software. The case, '' Junger v. Daley'' (6th Cir. 2000), held that computer source code is protected by the First Amendment. The US government prohibited publication of encryption software on the Internet, arguing that encryption software was a " munition" subject to export controls. Junger filed suit in 1996 challenging the regulations. Junger also did significant legal theoretical work on the interplay between intellectual property, computer law, and the First Amendment. He defined himself as a "First Amendment absolutist." Biography Junger grew up in Wyoming, graduating from Harvard University in 1955 and Harvard Law School in 1958. From January 1959 to December 1960 he was an enlisted man in the U.S. Army serving in West Germany. After practicing law from 1961 to 1970, he ...
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Export
An export in international trade is a good produced in one country that is sold into another country or a service provided in one country for a national or resident of another country. The seller of such goods or the service provider is an ''exporter''; the foreign buyer is an '' importer''. Services that figure in international trade include financial, accounting and other professional services, tourism, education as well as intellectual property rights. Exportation of goods often requires the involvement of customs authorities. Firms Many manufacturing firms begin their global expansion as exporters and only later switch to another mode for serving a foreign market. Barriers There are four main types of export barriers: motivational, informational, operational/resource-based, and knowledge. Trade barriers are laws, regulations, policy, or practices that protect domestically made products from foreign competition. While restrictive business practices sometimes hav ...
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Encryption
In cryptography, encryption is the process of encoding information. This process converts the original representation of the information, known as plaintext, into an alternative form known as ciphertext. Ideally, only authorized parties can decipher a ciphertext back to plaintext and access the original information. Encryption does not itself prevent interference but denies the intelligible content to a would-be interceptor. For technical reasons, an encryption scheme usually uses a pseudo-random encryption key generated by an algorithm. It is possible to decrypt the message without possessing the key but, for a well-designed encryption scheme, considerable computational resources and skills are required. An authorized recipient can easily decrypt the message with the key provided by the originator to recipients but not to unauthorized users. Historically, various forms of encryption have been used to aid in cryptography. Early encryption techniques were often used in military ...
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Software
Software is a set of computer programs and associated documentation and data. This is in contrast to hardware, from which the system is built and which actually performs the work. At the lowest programming level, executable code consists of machine language instructions supported by an individual processor—typically a central processing unit (CPU) or a graphics processing unit (GPU). Machine language consists of groups of binary values signifying processor instructions that change the state of the computer from its preceding state. For example, an instruction may change the value stored in a particular storage location in the computer—an effect that is not directly observable to the user. An instruction may also invoke one of many input or output operations, for example displaying some text on a computer screen; causing state changes which should be visible to the user. The processor executes the instructions in the order they are provided, unless it is instructed ...
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United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territories, nine Minor Outlying Islands, and 326 Indian reservations. The United States is also in free association with three Pacific Island sovereign states: the Federated States of Micronesia, the Marshall Islands, and the Republic of Palau. It is the world's third-largest country by both land and total area. It shares land borders with Canada to its north and with Mexico to its south and has maritime borders with the Bahamas, Cuba, Russia, and other nations. With a population of over 333 million, it is the most populous country in the Americas and the third most populous in the world. The national capital of the United States is Washington, D.C. and its most populous city and principal financial center is New York City. Paleo-Americ ...
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Case Western Reserve University
Case Western Reserve University (CWRU) is a private research university in Cleveland, Ohio. Case Western Reserve was established in 1967, when Western Reserve University, founded in 1826 and named for its location in the Connecticut Western Reserve, and Case Institute of Technology, founded in 1880 through the endowment of Leonard Case Jr., formally federated. Case Western Reserve University is a member of the Association of American Universities and is classified among "R1: Doctoral Universities – Very high research activity". According to the National Science Foundation, in 2019 the university had research and development (R&D) expenditures of $439 million, ranking it 20th among private institutions and 58th in the nation. The university has eight schools that offer more than 100 undergraduate programs and about 160 graduate and professional options. Seventeen Nobel laureates have been affiliated with Case Western Reserve's faculty and alumni or one of its two predecessors ...
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Computer Law
Information technology law (also called cyberlaw) concerns the law of information technology, including computing and the internet. It is related to legal informatics, and governs the digital dissemination of both (digitized) information and software, information security and electronic commerce aspects and it has been described as "paper laws" for a "paperless environment". It raises specific issues of intellectual property in computing and online, contract law, privacy, freedom of expression, and jurisdiction. History The regulation of information technology, through computing and the internet evolved out of the development of the first publicly funded networks, such as ARPANET and NSFNET in the United States or JANET in the United Kingdom. Areas of law IT law does not constitute a separate area of law rather it encompasses aspects of contract, intellectual property, privacy and data protection laws. Intellectual property is an important component of IT law, including ...
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Bernstein V
Bernstein is a common surname in the German language German ( ) is a West Germanic languages, West Germanic language mainly spoken in Central Europe. It is the most widely spoken and Official language, official or co-official language in Germany, Austria, Switzerland, Liechtenstein, and the Ita ..., meaning "amber" (literally "burn stone"). The name is used by both Germans and Jews, although it is most common among people of Ashkenazi Jewish heritage. The German pronunciation is , but in English it is pronounced either as or . Notable people sharing the surname "Bernstein" A–H * Aaron Bernstein (1812–1884), German short story writer and historian * Abe Bernstein (1892–1968), American mobster * Abraham Bernstein (other), several people * Adam Bernstein (born 1960), American film, music video, television director, and screenwriter * Al Bernstein (born 1950), American sportscaster, writer, stage performer, recording artist, and speaker * Al Bernstein (artist), ...
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United States Court Of Appeals For The Sixth Circuit
The United States Court of Appeals for the Sixth Circuit (in case citations, 6th Cir.) is a federal court with appellate jurisdiction over the district courts in the following districts: * Eastern District of Kentucky * Western District of Kentucky * Eastern District of Michigan * Western District of Michigan * Northern District of Ohio * Southern District of Ohio * Eastern District of Tennessee * Middle District of Tennessee * Western District of Tennessee The court is composed of sixteen judges and is based at the Potter Stewart U.S. Courthouse in Cincinnati, Ohio. It is one of 13 United States courts of appeals. William Howard Taft, the only person ever to serve as both President President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ... and Chief Justice of the United Sta ...
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Computer Software
Software is a set of computer programs and associated documentation and data. This is in contrast to hardware, from which the system is built and which actually performs the work. At the lowest programming level, executable code consists of machine language instructions supported by an individual processor—typically a central processing unit (CPU) or a graphics processing unit (GPU). Machine language consists of groups of binary values signifying processor instructions that change the state of the computer from its preceding state. For example, an instruction may change the value stored in a particular storage location in the computer—an effect that is not directly observable to the user. An instruction may also invoke one of many input or output operations, for example displaying some text on a computer screen; causing state changes which should be visible to the user. The processor executes the instructions in the order they are provided, unless it is instructed ...
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Source Code
In computing, source code, or simply code, is any collection of code, with or without comments, written using a human-readable programming language, usually as plain text. The source code of a program is specially designed to facilitate the work of computer programmers, who specify the actions to be performed by a computer mostly by writing source code. The source code is often transformed by an assembler or compiler into binary machine code that can be executed by the computer. The machine code is then available for execution at a later time. Most application software is distributed in a form that includes only executable files. If the source code were included it would be useful to a user, programmer or a system administrator, any of whom might wish to study or modify the program. Alternatively, depending on the technology being used, source code may be interpreted and executed directly. Definitions Richard Stallman's definition, formulated in his 1989 seminal li ...
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First Amendment To The United States Constitution
The First Amendment (Amendment I) to the United States Constitution prevents the government from making laws that regulate an establishment of religion, or that prohibit the free exercise of religion, or abridge the freedom of speech, the freedom of the press, the freedom of assembly, or the right to petition the government for redress of grievances. It was adopted on December 15, 1791, as one of the ten amendments that constitute the Bill of Rights. The Bill of Rights was proposed to assuage Anti-Federalist opposition to Constitutional ratification. Initially, the First Amendment applied only to laws enacted by the Congress, and many of its provisions were interpreted more narrowly than they are today. Beginning with ''Gitlow v. New York'' (1925), the Supreme Court applied the First Amendment to states—a process known as incorporation—through the Due Process Clause of the Fourteenth Amendment. In '' Everson v. Board of Education'' (1947), the Court drew on Thomas ...
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