28 August 1997 Add John Gilmore update
27 August 1997
Source: Mail list cypherpunks@toad.com
To: bernstein-announce@toad.com Subject: Govt seeking emergency stay in Bernstein case Date: Wed, 27 Aug 1997 23:24:21 -0700 From: John Gilmore <gnu@toad.com> Sender: owner-cypherpunks@toad.com Date: Wed, 27 Aug 1997 13:43:36 -0700 From: Cindy Cohn <Cindy@mcglashan.com> Hi all, Just talked to Mr. Coppolino at the Justice Department. They are filing ex parte emergency stay papers tonight or tomorrow morning to try to stay the impact of Judge Patel's ruling pending appeal. He'll be faxing me the documents when they are ready. He said yesterday that they would seek to stay the "export" of crypto source code, although not the teaching or discussion (whatever that means). Cindy A. Cohn [Update: We received the faxed papers about 8PM; images of them will be in a sub-directory of http://www.eff.org/pub/Legal/Cases/Bernstein_v_DoS/Legal/ on Thursday morning. The Bernstein team is opposing their motion; our filing will also be on the Web site. It was reported by C|Net that the government is "appealing"; this is not true. They are asking that Judge Patel to "stay" her own ruling -- hold it in abeyance -- to prevent Prof. Bernstein from exercising his First Amendment rights before they can appeal. But they have not filed an appeal, or formally indicated their intent to do so. --gnu]
To: cypherpunks@toad.com Date: Wed, 27 Aug 1997 15:36:45 -0700 (PDT) From: Declan McCullagh <declan@well.com> Subject: Government to seek stay in Bernstein case ---------- Forwarded message ---------- Date: Wed, 27 Aug 1997 13:43:46 -0700 From: Cindy Cohn <Cindy@McGlashan.com> Subject: Government to seek stay in Bernstein case Hi all, Just talked to Mr. Coppolino at the Justice Department. They are filing ex parte emergency stay papers tonight or tomorrow morning to try to stay the impact of Judge Patel's ruling pending appeal. He'll be faxing me the documents when they are ready. 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