From: John Gilmore <gnu@toad.com>
Date: Mon, 16 Mar 1998 20:20:47 -0800 (PST)
To: bernstein-announce
Subject: Bernstein's top lawyer, Cindy Cohn, testifies to Congress Tuesday
Message-ID: <199803170400.UAA02843@toad.com>
MIME-Version: 1.0
Content-Type: text/plain


The lead attorney in Dan Bernstein's challenge to the US export
controls on cryptography is Cindy Cohn, a partner at McGlashan &
Sarrail of San Mateo, CA.  She will testify on the constitutionality
of export controls (and proposed domestic controls) on cryptography,
before the Senate Judiciary Committee's subcommittee on the
Constitution, Federalism, and Property Rights.  The hearing will begin
at 10AM (Washington, DC time) on Tuesday, March 17.

The hearing will be cybercast in real-time, and will also be archived, at:

	http://www.computerprivacy.org

(Scroll down to the "Encryption hearing to be cybercast" link.)

Copies of Cindy's written testimony will be available on Tuesday from
the EFF Web site; see

	http://www.eff.org/pub/Privacy/ITAR_export/Bernstein_case/

I hope you can attend.

The Ninth Circuit Court of Appeals has not yet ruled on the
government's appeal in our case.  They hope to overturn our Federal
District Court case, in which all current export controls on
cryptographic source code were declared unconstitutional.  We expect a
ruling within the next several months.

	John Gilmore
	Electronic Frontier Foundation

Here are further details, courtesy of Alan Davidson of CDT, <abd@cdt.org>:

(1) Senate Committee To Hold Encryption Hearing March 17

Constitutional law experts, industry representatives, and the attorney in a
case challenging U.S. encryption regulations will testify on encryption
policy before the Senate Judiciary Committee's Constitution, Federalism,
and Property Rights Subcommittee on Tuesday, March 17. The hearing, "to
examine privacy in the digital age, focusing on encryption and mandatory
access issues", is scheduled for 10:00 am in the Senate's Dirksen Office
Bldg., Rm. 226.

Among the hearing highlights: Two well-respected legal scholars, Professor
Kathleen Sullivan of Stanford Law School and Professor Richard Epstein of
the University of Chicago, will outline the major constitutional concerns
raised by domestic encryption controls and other policies to regulate
encryption.

Expected witnesses include:

Panel 1: Rep. Robert Goodlatte (R-VA)
Panel 2: Robert Litt, Department of Justice

Panel 3: Tom Parenty, Sybase
	Bill Wiedemann, RedCreek Communications
	Representative of Law Enforcement Association of America

Panel 4: Kathleen Sullivan, Stanford Law School
	Richard Epstein, U. of Chicago Law School
	Cindy Cohn, McGlashan & Sarrail
	Tim Casey, MCI