http://www.fas.org/blog/secrecy/2006/02/crs_on_foreign_scientists_in_t.html Secrecy News from the FAS Project on Government Secrecy Tue, 24 Nov 2009 18:23:26 -0500 http://wordpress.org/?v=abc hourly 1 http://www.fas.org/blog/secrecy/2006/02/crs_on_foreign_scientists_in_t.html/comment-page-1#comment-452 Michael Deal Sat, 04 Feb 2006 19:34:33 +0000 http://fasweb.beacontec.com/blog/secrecy/2006/02/crs_on_foreign_scientists_in_the_united_states.html#comment-452 The current deemed export regulations are not authorized by statute and in any event violate the First Amendment of the Constitution guarantees of free speech. With respect to statute, the Export Administration Act expired on 2001, and the International Economic Emergency Powers Act, on which the Administration relies, does not authorize controls on the transfer of information, and in fact contains a specific exclusion for controls on information in any form. With respect to !st Amendment, in Junger v Daly, the 6th Circuit recognized that export controls constitute a prior restraint on free speech. Other cases have recognized that free speech is not limited to speech between or among US citizens, but that US citizens have the right to say what they will to anyone. While the government may have some authority to control the dissemination of research that it has sponsored, the federal government has no authority to prohibit or license the dissemination of information that is privately held. Someone in the research community needs to stand up to the export control barons of the federal government. The current deemed export regulations are not authorized by statute and in any event violate the First Amendment of the Constitution guarantees of free speech. With respect to statute, the Export Administration Act expired on 2001, and the International Economic Emergency Powers Act, on which the Administration relies, does not authorize controls on the transfer of information, and in fact contains a specific exclusion for controls on information in any form. With respect to !st Amendment, in Junger v Daly, the 6th Circuit recognized that export controls constitute a prior restraint on free speech. Other cases have recognized that free speech is not limited to speech between or among US citizens, but that US citizens have the right to say what they will to anyone. While the government may have some authority to control the dissemination of research that it has sponsored, the federal government has no authority to prohibit or license the dissemination of information that is privately held. Someone in the research community needs to stand up to the export control barons of the federal government.

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