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(8:30am, Akron federal courthouse) and show the judge how important it is that the export controls on encryption be repealed.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