Case 2.5 Encryption Source Code and the First Amendment
In1997 Junger submitted an inquiry to the Department of Commerce concerning the status of encryption software source code that he intended to post to his Web site. In keeping with the law against exporting certain encryption code, which had originally been classified by the United States as munitions, Junger was informed that a license would be required before he could post this source code. According to Junger v Daley, “almost any posting of software on the Internet is an export." But Professor Junger had been allowed to publish encryption programs in his textbook Computers and the Law.