Stay issued; modified stay to follow

During a conference call with counsel today, Judge Patel issued a stay of
the injunctive relief issued in her Opinion of August 25, 1997, effective
until September 8. 

 On September 8 (or sooner if we get the papers to her) the Court she will
issue a formal Stay Pending Appeal which will stay the injunctive relief
issued in her Opinion of August 25, 1997, except that an injunction shall be
reinstated to prevent the prosecution of Professor Bernstein for the
"unlicensed export" of Snuffle 5.0 (which includes Snuffle and Unsnuffle)
and any later versions of that program which he has developed.

This eliminates, at least for the meantime, the injunctive relief granted to
Bernstein as to any other computer programs which he may have developed or
otherwise wished to publish.  It also eliminates the protections for persons
other than Professor Bernstein.

The government has said that it may still challenge this more limited stay
in the 9th Circuit.  Professor Bernstein may also seek relief from the stay
from the 9th Circuit.

Cindy
************************ 
Cindy A. Cohn                                                               
McGlashan & Sarrail, P. C.
177 Bovet Road, 6th Floor                                            
San Mateo, CA  94402
(415) 341-2585 (tel)
(415)341-1395 (fax)
Cindy@McGlashan.com
http://www.McGlashan.com

Too bad.  Prof. Bernstein was perfectly positioned to become a great -- and the only legal -- exporting reseller of PGP software.  (no, this is not off the record)

Bob


At 06:21 PM 8/28/97 -0700, Cindy Cohn wrote:
>During a conference call with counsel today, Judge Patel issued a stay of
>the injunctive relief issued in her Opinion of August 25, 1997, effective
>until September 8. 
>
> On September 8 (or sooner if we get the papers to her) the Court she will
>issue a formal Stay Pending Appeal which will stay the injunctive relief
>issued in her Opinion of August 25, 1997, except that an injunction shall be
>reinstated to prevent the prosecution of Professor Bernstein for the
>"unlicensed export" of Snuffle 5.0 (which includes Snuffle and Unsnuffle)
>and any later versions of that program which he has developed.
>
>This eliminates, at least for the meantime, the injunctive relief granted to
>Bernstein as to any other computer programs which he may have developed or
>otherwise wished to publish.  It also eliminates the protections for persons
>other than Professor Bernstein.
>
>The government has said that it may still challenge this more limited stay
>in the 9th Circuit.  Professor Bernstein may also seek relief from the stay
>from the 9th Circuit.
>
>Cindy
>************************ 
>Cindy A. Cohn                                                               
>McGlashan & Sarrail, P. C.
>177 Bovet Road, 6th Floor                                            
>San Mateo, CA  94402
>(415) 341-2585 (tel)
>(415)341-1395 (fax)
>Cindy@McGlashan.com
>http://www.McGlashan.com
>
>
>



Robert H. Kohn
Vice President, Business Development
PRETTY GOOD PRIVACY, INC.
2121 S. El Camino Real, 9th Floor
San Mateo, California 94403
Direct: (415) 524-6220
Cellular: (415) 297-6527
Main: (415) 572-0430
Fax: (415) 572-1932
kohn@pgp.com
PGP Home Page: http://www.pgp.com
Personal Home page: http://www.kohnmusic.com/people/bkohn.html

"If all the personal computers in the world - ~260 million computers - were put to work on a single PGP-encrypted message, it would still take an estimated 12 million times the age of the universe, on average, to break a single message."
-- William Crowell, Deputy Director of the National Security Agency, 
testifying before the U.S. Congress on March 20, 1997

Cindy Cohn wrote:
> During a conference call with counsel today, Judge Patel issued a stay of
> the injunctive relief issued in her Opinion of August 25, 1997, effective
> until September 8.

  Judge Patel has effectively agreed that, although Americans have
a Constitutional right to Free Speech within the confines of U.S.
borders, this Constitutional right stops at the edge of the
ElectroMagnetic Curtain that D.C. has built to imprison the words
and thoughts of its citizens.

  The government's LEA's now have enough dictatorial powers to
invade our privacy, listen surreptitiously to our conversations
and track our movements, as long as we remain at home, but they
fear losing their power over the citizens if our thoughts and
words are allowed to escape beyond the reach of the government's
power to spy on us.

Department of Justice
For Immediate Release
Tuesday, August 26, 1997
>But, as President Clinton stated upon issuing an Executive Order on this 
>subject on November 15, 1996, the use of encryption products by 
>unfriendly parties outside the United States can jeopardize the foreign 
>policy and national security interests of the United States, and public 
>safety of U.S. citizens.

  Is President Clinton trying to tell us that the spies who have 
managed to infiltrate our governments security agencies, and the
terrorists who have managed to escape law enforcement's grasp, are
not capable of acquiring strong encryption despite his pretentious,
unconstitutional posturing?
  Is Wiggling Willie suggesting that foreign spies and terrorists
are not as capable and experienced with computers and the InterNet
as the American children who have no problem finding foreign sources
of strong encryption?
  Would the Law Enforcement Agencies of this country have us believe
that they cannot keep drug dealers from bringing _mountains_ of drugs
_into_ America, but that denying American citizens their right to
privacy will prevent drug dealers from smuggling a 3 1/2 inch disk
with strong encryption on it _out_ of the U.S.?
  I do not resent elected representatives lying to the citizens,
since it is a given, but I am abhorred by the fact that these
white-collar criminals no longer even feel the need to tell
_good_ lies. (Could this be an indication that the press is not
doing their job?)

  The *only* purpose that this attack on the Constitutional rights
of the American Citizens serves is to keep privacy empowering
software out of the hands of the citizen. It is a blatant attempt
to use threats of criminality, fines and imprisonment to intimidate
corporations and citizens into giving up their freedom to protect
their right to free and private speech with one another, and with
the citizens of other countries.

TruthMonger
"It's not FUD until *I* say its FUD."

Hi,

Dan Goodin from C|NET's NEWS.COM responding to a message you sent in
response to Cindy Cohn's email announcing the stay.

I'm very interested in finding out how extensively Snuffle was posted
during the two-and-a-half days it was legal to do so.  Do you have any idea
how many sites posted it, and if it's still available online today, now
that such posts are once again against the law?

Please respond ASAP.

Thanks,

Dan Goodin
415-395-7805, x5223
dang@cnet.com


At 21:37 28.08.97 -0600, you wrote:
>Cindy Cohn wrote:
>> 
>> During a conference call with counsel today, Judge Patel issued a stay of
>> the injunctive relief issued in her Opinion of August 25, 1997, effective
>> until September 8.
>
>  Why are these dinosaurs fucking away perfectly good taxpayer's money
>trying to shore up the walls of a crumbling civilization?
>
>NEWS FLASH!!!	THE GENIE *WON'T* GO BACK IN THE BOTTLE 
>                ---------------------------------------
>  Before the ink had dried on Judge Patel's ruling, 2,000,000 emails of
>Professor Bernstein's work were on their way overseas, to every port of
>call. (Courtesy of Email Blaster, that wonderful progam that tells us,
>fifty times a day, how to "MAKE MONEY FA$T!!!")
> 
>>  On September 8 (or sooner if we get the papers to her) the Court she will
>> issue a formal Stay Pending Appeal which will stay the injunctive relief
>> issued in her Opinion of August 25, 1997, except that an injunction
shall be
>> reinstated to prevent the prosecution of Professor Bernstein for the
>> "unlicensed export" of Snuffle 5.0 (which includes Snuffle and Unsnuffle)
>> and any later versions of that program which he has developed.
>
>  Hell, Professor Bernstein can _import_ it now!
>  By September 8, the program will be obsolete, having been tweaked
>upward
>a few generations by Iraquian programmers. I respectfully requested that
>the Iraquis make any future versions of the program available to
>American
>youth who have to flee to Hitler's homeland with their website in order
>to avoid being persecuted for their sexual predeliction.
> {See - http://www.guidemag.com/newsslant/vigilante-censors.html }
>
>> This eliminates, at least for the meantime, the injunctive relief
granted to
>> Bernstein as to any other computer programs which he may have developed or
>> otherwise wished to publish.  It also eliminates the protections for
persons
>> other than Professor Bernstein.
>
>  No it doesn't. Haven't you heard of strong crypto?
>  Thank you for pointing out that Phil Zimmerman wishes to protect me,
>and Judge Patel wishes, on behalf of the government, to "eliminate the
>protections" which strong encryptions affords me.
>
>  The governement can't even protect themself, let alone the citizens,
>as evidenced by the fact that the current sport of teenage hackers
>across the nation is to send strong encryption overseas by way of the
>government's email systems. (Can you say FBI? Sure you can! Can you 
>say IRS? Sure you can!) Yet these dweebs want to destroy an industry 
>that *is* capable of providing the citizens protection? (Considering 
>the INSLAW affair, perhaps it would be more fitting to say "destroy 
>_another_ industry.")
>
>> The government has said that it may still challenge this more limited stay
>> in the 9th Circuit.  Professor Bernstein may also seek relief from the stay
>> from the 9th Circuit.
>
>  I hope these idiots are having fun and making lots of money playing
>their dinosaur games, because they are certainly accomplishing the
>opposite of what they claim to be trying to do.
>  The most that the dinosaurs in D.C. can manage to do, is to drag all
>of the American business interests down into the ashes of history with
>them as they attempt to build an Electromagnetic Curtain behind which
>to imprison their citizens.
>  Well, the CypherPunks were digging tunnels before the government even
>knew they were predestined to build the Wall, so the fascist censors are 
>sucking hind-tit and will, in all likelihood, continue to do so.
>
>~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
>TruthMonger, CoE <tm@dev.null>
>Official Spokesperson for:
>Cypherpunks Cult of One,
>DoWell, Saskatchewan Division
>
>"Give me bandwidth, or give me death."
>          -Admiral B. d'Shauneaux
>"The Xenix Chainsaw Massacre"
>http://bureau42.base.org/public/xenix
>"WebWorld & the Mythical Circle of Eunuchs"
>http://bureau42.base.org/public/webworld
>
>
>

What a drag.

I guess we had better get the word out. I heard that someone had already
posted some code to a Counsel Connect discussion group.

Bob