Bernstein (export laws unconstitutional) decision update

The full text of the decision is available at:
http:/www.eff.org/pub/Privacy/ITAR_export/Bernstein_case/Legal/961206.decision

It's still full of scannos, but we wanted to get it out to you-all ASAP.

After further consultations with the attorneys, we are not sure
whether the decision has nationwide impact or whether it is limited
to the Northern District of California (which includes SF and Silicon
Valley).  Your Mileage May Vary -- check with your lawyer.

I hear from reporters that the Administration plans to announce its
reaction to the case this evening.

	John

John Gilmore writes:

>After further consultations with the attorneys, we are not sure
>whether the decision has nationwide impact or whether it is limited
>to the Northern District of California (which includes SF and Silicon
>Valley).  Your Mileage May Vary -- check with your lawyer.

The decision itself says it only applies to Bernstein, and then only for
source code.

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On Fri, 20 Dec 1996, Michael Tighe SUN IMP wrote:

> John Gilmore writes:
> 
> >After further consultations with the attorneys, we are not sure
> >whether the decision has nationwide impact or whether it is limited
> >to the Northern District of California (which includes SF and Silicon
> >Valley).  Your Mileage May Vary -- check with your lawyer.
> 
> The decision itself says it only applies to Bernstein, and then only for
> source code.
> 

The fact that one judge says his ruling only applies to one person is
irrelevant ; his decision can, and probably will, be used as precedent in
other cases, which is the good that it really serves in the first place.
More power to Mr. Bernstein and all, but in reality this case has almost
nothing to do with him in particular.  The real usefullness of this case
is so that other judges can see that at least one judge believes that the
law _can_ be wrong, even if only in specific cases.

 --Deviant
   PGP KeyID = E820F015 Fingerprint = 3D6AAB628E3DFAA9 F7D35736ABC56D39

Illusion is the first of all pleasures.
		-- Voltaire


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In <Pine.LNX.3.95.961221074912.234A-100000@batcave.intrex.net>, on 12/21/96 
   at 07:51 AM, The Deviant <deviant@pooh-corner.com> said:

::On Fri, 20 Dec 1996, Michael Tighe SUN IMP wrote:

::> John Gilmore writes:
::> 
::> >After further consultations with the attorneys, we are not sure
::> >whether the decision has nationwide impact or whether it is limited 
::> >to the Northern District of California (which includes SF and 
::> >Silicon Valley).
 
::Your Mileage May Vary -- check with your lawyer.

    <attila:>

        and where does the average hacker find a reliable attorney in 
    these matters?  more likely you will find the usual charlatan 
    mouthpiece who will give it a whirl, be body-traded out, and still 
    take your money.
    
        and that is just what is so special about pro bono attorneys: 
    they have their soul on the line; and, even better, when the 
    horsepower has the folks at Baker & Hostetler behind them (even if 
    their head office is in Cleveland --my mother remembered Hostetler 
    when he helped his father deliver milk door to door in East 
    Cleveland (in the 1910s!))

    </attila>

::> 
::> The decision itself says it only applies to Bernstein, and then only 
::> for source code.
::> 

::The fact that one judge says his ruling only applies to one person is
::irrelevant ; his decision can, and probably will, be used as precedent 
::in other cases, which is the good that it really serves in the first 
::place. More power to Mr. Bernstein and all, but in reality this case 
::has almost nothing to do with him in particular.  The real usefullness 
::of this case is so that other judges can see that at least one judge 
::believes that the law _can_ be wrong, even if only in specific cases.

    <attila>

        Absolutely! 

        Given the concept I propounded a few days ago that each Federal 
    District Judge is his own 'Judge Roy Bean, Law West of the Pecos," 
    he still has reference to the decision; he can either use it as the
    basis of the decision in his court, or he can ignore. If the case has        
    been to appeal and affirmed; and, Judge Roy is in the same appeals 
    circuit, an adverse decision is not likely to stand.

        What's the point?  PRECEDENCE!

        Bernstein (who hung on despite dealing with a mute point in his
    own case), the EFF, and all the <i> pro bono </i> attorneys who made
    the case successful are to be congratulated.  

        We, if we love our freedom, owe all of the players a rather large 
    debt of gratitude for blowing a hole in Fort Clinton.

        and, I will stand up and say "thank you!" any place I can.

    </attila>
  ==
    Tyranny Insurance by Colt Manufacturing Co.

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