From: Declan McCullagh <declan@well.com>
Date: Fri, 12 Sep 1997 12:40:16 +0800
To: Lucky Green <shamrock@netcom.com>
Subject: Re: Court proceedings under new SAFE act
In-Reply-To: <3.0.2.32.19970911212546.0069c654@netcom10.netcom.com>
Message-ID: <Pine.GSO.3.95.970911213233.23060A-100000@well.com>
MIME-Version: 1.0
Content-Type: text/plain



Yep, they get an automatic TRO. Amazing, huh, what National Security
arguments can do?

Not sure if we can find out much about the FISA court. Very clandestine. 
WashPostMag ran something a few months ago. I'm copying this to David, who
probably knows more about it than anyone else I know. 

-Declan


On Thu, 11 Sep 1997, Lucky Green wrote:

> At 06:12 PM 9/11/97 -0700, Declan McCullagh wrote:
> >I'm reading the bill more closely. This is incredibly slick work.
> >
> >1. When it appears that any person is selling, importing, or distributing
> >non-backdoor'd crypto or "about" to do so, the Atty General can sue to
> >stop them. "Upon the filing of the complaint seeking injunctive relief by
> >the Attorney General, the court shall automatically issue a temporary
> >restraining order against the party being sued." 
> 
> They get an *automatic* TRO?
> 
> [...]
> >More interestingly, this gives courts including the FISA court (yes, the
> >secret court that has never denied a request for a wiretap) jurisdiction;
> >they can issue ex parte orders giving police access to plaintext. Also
> >lets U.S. government coordinate with other governments in doing such.
> 
> Is there any way of finding out the names of the judges sitting on the FISA
> court?
> 
> 
> --Lucky Green <shamrock@netcom.com>
>   PGP encrypted mail preferred.
>   DES is dead! Please join in breaking RC5-56.
>   http://rc5.distributed.net/
> 
>