From: Black Unicorn <unicorn@schloss.li>
Date: Fri, 14 Jun 1996 12:08:36 +0800
To: Michael Froomkin <froomkin@law.miami.edu>
Subject: Re: Anonymous remailers mentioned in CDA decision
In-Reply-To: <Pine.SUN.3.93.960613114908.23962A-100000@viper.law.miami.edu>
Message-ID: <Pine.SUN.3.93.960613140439.13421A-100000@polaris>
MIME-Version: 1.0
Content-Type: text/plain


On Thu, 13 Jun 1996, Michael Froomkin wrote:

> Given the extraordinaryly good findings of facts, the government will have
> a very very tough time on appeal.  Shows you what fine lawyering can do.

I, usually a judicial cynic, found the job done by the panel in terms of
findings and judicially noted facts astoundingly complete.

This case has really restored my faith in the ability of the judicial
system to absorb new technologies- not because of the result itself, but
because of the care and weight given to the process.

As Professor Froomkin indicated, appeal will be exceedingly difficult.
Not only are the findings of fact very detailed and extensive, but because
this case did not involve a prosecution, there is no direct way to
point to the evil criminal in a specific, rather than general way.

I think they would be unwise to appeal, but I can also see where the
political considerations would override that basic logic.

I'll poke around a bit and see if I can find out what (if anything) is in
the works.

---
My preferred and soon to be permanent e-mail address:unicorn@schloss.li
"In fact, had Bancroft not existed,       potestas scientiae in usu est
Franklin might have had to invent him."    in nihilum nil posse reverti
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Opp. Counsel: For all your expert testimony needs: jimbell@pacifier.com