Thought for the day

May 8, 1999

Two pretty great things happened in the courts. Julie Hyatt-Steele was released because the jury deadlocked (see May 6, 1999 for details) and the U.S. Government's attack on cryptography was defeated.

Both could have been a little bit sweeter, but all in all, it was a great day for freedom.

On the subject of Ms. Steele, I don't have a head-count yet, but they her jury could not agree either way and so she is free pending a possible retrial. This is another in a string of defeats for Ken Starr's storm troopers. The biggest was his pornographic "report" that led to the lame-duck republican impeachment of President Clinton. The most recent was the stinging rebuke of his attack on Susan McDougal. The American people continue to send the same message to Starr, GO HOME!

The other item isn't as obvious to most people as Starr's attack on the President, but it is FAR, FAR more important. The government L-O-V-E-S to spy on us. They like to tap our phone calls and watch us through surveillance cameras and even have cops pull people over for "traffic infractions" so they can search our cars, bags and purses. But with strong encryption, American citizens can protect their communications both between each other and relatives overseas where freedom is even scarcer. The freedom of speech is the freedom from the government listening to us when we don't wish it. It is the right to speak with whom we want without fear of speaking our minds, even if our speech is unpopular. When communicating with friends and family members abroad, it might make the difference between life and death. There are still counties in this hemisphere where it illegal to even say derogatory things about public officials. But today I heard that the appeals court voted 2 to 1 against the government saying not only that the right to publish scientific works like cryptography is protected but that the rights of the citizens to be free from government intrusion was far more important than the potential for harm. The government is expected to ask for an emergency stay, because if they don't, all the rules forbidding American companies from selling the same sorts of software already freely available worldwide would be washed away. American companies would finally be able to compete evenly.

So, how could today have been better? The Steele jury could have voted to acquit and the court that ruled freedom more precious than fascism could have been the Supreme Court instead of just an appeals court. But I'm not complaining, I'm overjoyed. A lot of people worked very hard to get these victories for liberty. Freedom isn't a destination, it's a journey.

 

  Daniel Sherer

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