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]