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
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
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."
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
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: 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
participants (5)
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Bob Corn-Revere -
Bob Kohn -
Cindy Cohn -
Dan Goodin -
TruthMonger