From: John Gilmore <gnu@toad.com>
Date: Wed, 27 Aug 1997 23:31:07 -0700 (PDT)
To: bernstein-announce
Subject: Govt seeking emergency stay in Bernstein case
Message-ID: <199708280624.XAA17195@toad.com>
MIME-Version: 1.0
Content-Type: text/plain


Date: Wed, 27 Aug 1997 13:43:36 -0700
From: Cindy Cohn <Cindy@mcglashan.com>

Hi all,

Just talked to Mr. Coppolino at the Justice Department.  They are filing ex
parte emergency stay papers tonight or tomorrow morning to try to stay the
impact of Judge Patel's ruling pending appeal.  He'll be faxing me the
documents when they are ready.  He said yesterday that they would seek to
stay the "export" of crypto source code, although not the teaching or
discussion (whatever that means).

Cindy A. Cohn                                                               

[Update: We received the faxed papers about 8PM; images of them will
be in a sub-directory of
http://www.eff.org/pub/Legal/Cases/Bernstein_v_DoS/Legal/ on Thursday
morning.  The Bernstein team is opposing their motion; our filing will
also be on the Web site.

It was reported by C|Net that the government is "appealing"; this is
not true.  They are asking that Judge Patel to "stay" her own ruling
-- hold it in abeyance -- to prevent Prof. Bernstein from exercising
his First Amendment rights before they can appeal.  But they have not
filed an appeal, or formally indicated their intent to do so.  --gnu]