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2 Va. J.L. & Tech. 1 (1997)
The Use of Encrypted, Coded and Secret Communications Is an Ancient Liberty Protected by the United States Constitution

handle is hein.journals/vjolt2 and id is 4 raw text is: 2 Va. J.L. & Tech. 2 (Fall 1997) <http://vjolt.student.virginia.edu> 1522-1687 / D 1997 Virginia Journal of Law and Technology Association VIRGINIA JOURNAL of LAW and TECHNOLOGY UNIVERSITY OF VIRGINIA FALL 1997 2 VA. J.L. & TECH. 2 The Use of Encrypted, Coded and Secret Communications is an Ancient Liberty Protected by the United States Constitution by John A. Fraser, Illf*1 I. Introduction II. The Constitution Protects Ancient Liberties A. An Overview of Ancient Liberties in Communications and Expression B. McIntyre v. Ohio Elections Commission C. Significance of the Ancient Liberty Cases III. Secret Communication Methods Were in Widespread Use Prior to Ratification of the Bill of Rights A. Seventeenth and Eighteenth Century Britain and Colonial America B. The American Revolution and the Founding Generation: 1775-1783 C. Post-Revolution America and the Founders IV. Extensive Private Use of Secret Communications Has Continued to the Present Day A. 1791 to 1800 B. Post-1800 Developments C. Publication of Cryptographic Knowledge D. Courts and Cryptography E. Patents for Cryptography F. Post World War II Developments G. The Government Acts to Control Encryption V. Any Attempt to Abolish or to Substantially Burden the Liberty of Secret Communication Should Meet a Strong Presumption of Unconstitutionality A. What is the Difference Between 1796 and 1996? VI. Secrecy of Communications Serves Core Constitutional Interests and Should Be Protected as An Ancient Liberty

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