From: Shari Steele <ssteele@eff.org>
Date: Thu, 23 Apr 1998 15:20:52 -0700 (PDT)
To: bernstein-announce@toad.com
Subject: Oral Argument to Be Held April 24 in Crypto Export Case
Message-ID: <353FBC15.63BC@eff.org>
MIME-Version: 1.0
Content-Type: text/plain


Everyone in the Akron area is encouraged to attend this hearing (8:30am, 
Akron federal courthouse) and show the judge how important it is that 
the export controls on encryption be repealed.  If you are able to 
attend, please remember to dress in your best courtroom attire and to be 
respectful of the court.

EFF and the Bernstein legal team wish Peter Junger, Gino Scarcelli and 
the rest of the Junger legal team the best of luck.  For more 
information on the Junger case, see 
http://samsara.law.cwru.edu/comp_law/jvd/.
Shari


       Oral Argument to Be Held April 24 in Crypto Export Case

    Stipulation of Undisputed Facts Filed in Law Suit Challenging
        Federal Licensing of Publishers of Encryption Software

                    Junger v. Daley on Fast Track

   ----------------------------------------------------------------

             Cleveland, Ohio, Monday, April 13, 1998
                        For Immediate Release

            
                    For More Information Contact:
 
                    Peter D. Junger (216) 368-2535
                    <junger@samsara.law.cwru.edu>

                    Raymond Vasvari (216) 522-1925
                   <freespeech@mail.multiverse.com>


        Or see URL: http://samsara.law.cwru.edu/comp_law/jvd/
 
To be added to, or removed from, the list of those who were sent this
 press release, please send e-mail to <lawsuit@upaya.multiverse.com>.

     _________________________________________________________________
   
Cleveland, Ohio, April 13 --

Arguments in Junger v. Daley, the law suit challenging the
constitutionality of the export regulations on encryption software,
will be held in front of Judge Gwin on April 24 at 8:30 AM at the
federal courthouse in Akron, Ohio.  The parties have filed a
Stipulation of Undisputed Facts which is now available from the
cryptography archive maintained by John Young at
<http://www.jya.com/pdj8.htm> and from the plaintiff's archive at
<http://samsara.law.cwru.edu/comp_law/jvd/pdj8.htm>.

The suit was brought by Peter Junger, a law professor at Case Western
Reserve University in Cleveland, Ohio against William Daley, the
United States Secretary of Commerce, to establish that the export
regulations restricting the publication of computer programs used to
protect privacy and confidentiality violate the freedoms of speech and
of the press guaranteed by the First Amendment to the United States
Constitution.

Those regulations, which apply only to publication on the Internet and
the World Wide Web and by other electronic means, but not to
traditional books or magazines, have been extensively challenged by
the computer industry and by civil rights groups.  There is now
legislation pending in Congress that would relax or abolish the
current restrictions on ``exporting'' encryption software,
restrictions that endanger the competitive position of the United
States software industry and effectively prevent many within the the
United States from obtaining the computer programs that they need to
preserve their privacy.

``Those are very important issues,'' Professor Junger says, ``but the
issues raised by my suit do not just affect encryption software.  If
the government can restrict the writing and publication of encryption
programs because they are useful--and that is basically what the
government is claiming--without regard to the authors' and publishers'
constitutional rights under the First Amendment, then, by the same
reasoning, it could forbid the publication of any computer program
that earns the disfavor of the authorities.  At this time of year, for
example, I find it easy to believe that the government would like to
forbid the publication of tax preparation software that the tax
collectors feel are too good at detecting loopholes.''

Both sides have asked for summary judgment and it is expected that
Judge Gwin will be able to decide the case shortly after the hearing
on the 24th without any further proceedings, but if any issues remain
to be be decided after that Judge Gwin has set July 20th as the date
on which the case will go to trial.

``It is good to be back on the fast track,'' Junger says,  ``and I am
confident that the case can be decided without a trial.  The dispute
is not about the facts.  The only real issue is whether, and to what
extent, the constitution protects the writing and publication of
computer programs.  And a trial is not going to be necessary to settle
that issue.

``But this is only the first step,'' he adds.  ``No matter who wins in
the district court, it is almost certain that the other side will
appeal the case.  My lawyers, and particularly Gino Scarselli, have
done a wonderful job at considerable personal sacrifice.  As I think
about the prospects of an appeal, I only hope that we can raise some
support for them.''

A fund has been established to defray the cost of this litigation and
contributions may now be sent to Professor Spencer Neth, Case Western
Reserve University Law School, Cleveland, OH 44106.  Checks should
bear the notation ``Junger Litigation Fund'' or ``Crypto Litigation
Fund.''

                           
                                 -30-

-- 
Shari Steele, Staff Attorney	    ssteele@eff.org
Electronic Frontier Foundation	    301.375.8856 (v)
P.O. Box 649			    301.283.5337 (f)
Bryans Road, MD  20616		    http://www.eff.org/homes/steele.html