From: Cindy Cohn <Cindy@mcglashan.com>
Date: Tue, 7 Jul 1998 11:15:45 -0700 (PDT)
To: bernstein-announce@toad.com
Subject: Junger decision
Message-ID: <199807071759.KAA28716@gw.quake.net>
MIME-Version: 1.0
Content-Type: text/plain


For those who haven't yet heard,

Judge Gwin in the District Court in Ohio has granted the government summary
judgment in the Junger case.  Judge Gwin apparently agreed with the
government that the "functionality" of  encryption source code, and the
government's claims that it only intends to regulate that "functionality"
mean that the regulations are not "narrowly and directed at expressive
conduct" and so do not merit prior restraint analysis.  The Judge then held
that the regulations were content neutral, applied the intermediate scrutiny
tests and found that the export restrictions meet those tests.

I haven't had the opportunity to review the decision yet.  As soon as I
have, I will post some brief comments.

Still no decision from the 9th Circuit in Bernstein.  

Cindy



******************************
Cindy A. Cohn, Cindy@McGlashan.com
McGlashan & Sarrail, P.C.
177 Bovet Road, 6th Floor
San Mateo, CA 94402
(650) 341-2585 (tel)
(650) 341-1395 (fax)