On Sunday, September 16, 2001, at 03:42  PM, Noel J. Bergman wrote:

> Andrew,
>
> The specific aspect of the DMCA that I believe should be found
> unconstitutional is that which makes it a crime to discuss copyright
> technology, including such aspects of it as may be subject to 
> circumvention.
> It may be illegal it *implement* techniques related to copyright
> circumvention, outside of academia/research, but it should never been
> illegal to discuss it.

When you are able to cite a provision that makes it illegal merely to 
discuss circumvention technology, in or out of academic research, I'll 
lead the fight to invalidate it.  No doubt Judge Whyte's injunction in 
Remierdes was overbroad -- the question before the Second Circuit -- but 
that language can't be found in the statute.  No doubt Dmitry Sklyarov 
gave a speech prior to his arrest, but he was not arrested for giving a 
speech.