For those not on the cypherpunks@toad list, there have been a few messages on the Bernstein decision which seem not to have been forwarded to the other lists, apparently because they were sent directly by "bernstein-announce@toad.com." We've put them on our site and can be browsed at: http://jya.com/crypto.htm The latest last night from Bernstein's attorney is that the USG has gotten a stay from Patel's on her August 25 decision (see PGP Inc. message below). The stay removes protections from those who may have posted Snuffle to the Web (as JYA did). Hence, we've removed the two versions of Snuffle we had hosted. After, we note, DoJ and Commerce had downloaded the evidence and our vitae. DoJ's Anthony Coppolino would not discuss the stay when I called him at 202-514-4782. However, we would like to offer lieu of the Snuffle files links to offshore sites if there are any who wish to host the US national security threats. Adam Back posted one version here a few days back, and Purdue has Dan's 1990 original offer to sci.crypt. For leads to the two see: http://jya.com/snuffle-c.htm http://jya.com/snuffle-txt Here's a the message from PGP, Inc.: ---------- Return-Path: <cypherpunks-errors@toad.com> X-Sender: kohn@mail.pgp.com Date: Fri, 29 Aug 1997 01:06:00 -0700 To: Cindy Cohn <Cindy@mcglashan.com> From: Bob Kohn <kohn@pgp.com> Subject: Re: Stay issued; modified stay to follow Cc: sadams@forbes.com, telstar@wired.com, plotnikoff@aol.com, Ewasserman@sjmercury.com, dang@cnet.com, steven@echo.net, abate@ccnet.com, wendyg@cix.compulink.co.uk, amy@netcom.com, courtm@cnet.com, alan.boyle@MSNBC.COM, declan@well.com, sep@cbsnews.com, kenc@cwi.emap.com, arb@well.com, exp@mk.ibek.com, bransten@interactive.wsj.com, TomBemis@pacbell.net, sam.perry@reuters.com, jimevans@aol.com, ljflynn@aol.com, wendyl@ljx.com, bernstein-announce@toad.com Reply-To: Bob Kohn <kohn@pgp.com> Sender: owner-cypherpunks@toad.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