10

Not all weapons are protected by the Second Amendment. There is a "dangerous and unusual weapons" exclusionary clause established by the Supreme Court in District of Columbia v. Heller, which excludes pretty much anything that's incredibly dangerous (obviously we wouldn't want our people to have the right to keep bombs in their house) or not considered a ...


6

Encryption is not a weapon. Encryption, or rather cryptographic technology and systems, is a munition. What makes it a munition is the International Traffic in Arms Regulations (ITAR) managed by the U.S. Department of State. Weapons are a subset of munitions. Many U.S. laws grant authority to the executive branch to promulgate regulations for enforcement ...


6

When understanding jurisprudence and laws that implicate the second amendment I generally find it helpful to reference the old United States v. Miller case. Essentially, the Supreme Court decided to read the second amendment as prohibiting infringements on keeping or bearing arms with some reasonable relation to the preservation or efficiency of a militia. ...


4

Yes, it arguably includes technical training according to the List of Dual-Use Goods and Technologies and Munitions List (Wa-List (14) 2). Exploitation, as used in your question, can take many forms of course. First, take a look at the definition of technology for GTN and both lists1: Technology is defined as information. The information can take the form ...


4

As discussed in the answer to another question, Is crypto legal in a weapon-free zone?, just because something is listed as a munition doesn't make it a weapon. The definition of munition includes "weapons and ammunition" but not exclusively so. The International Traffic in Arms Regulations (ITAR) defines what can and cannot be exported without a special ...


3

I sense the classification of cryptography as a munition is a relic from the past. Cryptography has historically been the domain of the military Look at this NY Times article from 1996, for example. There it describes "boxes used to surf the World Wide Web" as weapons. Cryptography has historically been a major deal in warfare. Sending messages to ...


3

The definition of munitions includes weapons but is not restricted solely to weapons. From dictionary.com: noun Usually, munitions. materials used in war, especially weapons and ammunition. material or equipment for carrying on any undertaking. verb (used with object) to provide with munitions. Just because cryptographic technology is ...


1

I'll give the explanation for the thinking here. Since that is what you seem to be asking about. Please, don't take it to mean that I am endorsing this point of view. In the sword/shield analogy, encryption is the shield. No one has ever been killed with a bullet-proof vest, either. But a bullet-proof vest can be used to protect a criminal from being ...


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