Bernstein (export laws unconstitutional) decision update

The full text of the decision is available at: http:/www.eff.org/pub/Privacy/ITAR_export/Bernstein_case/Legal/961206.decision It's still full of scannos, but we wanted to get it out to you-all ASAP. After further consultations with the attorneys, we are not sure whether the decision has nationwide impact or whether it is limited to the Northern District of California (which includes SF and Silicon Valley). Your Mileage May Vary -- check with your lawyer. I hear from reporters that the Administration plans to announce its reaction to the case this evening. John

John Gilmore writes:
After further consultations with the attorneys, we are not sure whether the decision has nationwide impact or whether it is limited to the Northern District of California (which includes SF and Silicon Valley). Your Mileage May Vary -- check with your lawyer.
The decision itself says it only applies to Bernstein, and then only for source code.

-----BEGIN PGP SIGNED MESSAGE----- On Fri, 20 Dec 1996, Michael Tighe SUN IMP wrote:
John Gilmore writes:
After further consultations with the attorneys, we are not sure whether the decision has nationwide impact or whether it is limited to the Northern District of California (which includes SF and Silicon Valley). Your Mileage May Vary -- check with your lawyer.
The decision itself says it only applies to Bernstein, and then only for source code.
The fact that one judge says his ruling only applies to one person is irrelevant ; his decision can, and probably will, be used as precedent in other cases, which is the good that it really serves in the first place. More power to Mr. Bernstein and all, but in reality this case has almost nothing to do with him in particular. The real usefullness of this case is so that other judges can see that at least one judge believes that the law _can_ be wrong, even if only in specific cases. --Deviant PGP KeyID = E820F015 Fingerprint = 3D6AAB628E3DFAA9 F7D35736ABC56D39 Illusion is the first of all pleasures. -- Voltaire -----BEGIN PGP SIGNATURE----- Version: 2.6.2 iQEVAwUBMruXCjCdEh3oIPAVAQFaUQf+MBMdFxn51Sw2ERB0MNrlDTDspS3mAVlZ n1H50kNRjO6sgZjZPDZzG4iZmGc0seDTW18tqQSD0moDDlWBZSUemT3mGsJhp6MO aTpC93aflIXU+SuTjYsNbDU9PfSflPiqo/+2IIbNXgRpCWJ1+lyO09U8tW0iMPp+ u5yOLMkfnTvyDoJPpygsAY7SKpjJ6hYDg6RKifGrOuWML6F/0RzEJwvXAYBw264H 5NRvfNKue0Sa8WhfMTfqplcw8m2IkMj8PLsqTWEXOQv+xSxUU0iTVKrCCNjwM3zM tZnKwe0sBKpl2Mrne1jFR3ylun7adDpkyxJEhJhs2gFW1UZ6CYMJug== =syTX -----END PGP SIGNATURE-----

-----BEGIN PGP SIGNED MESSAGE----- In <Pine.LNX.3.95.961221074912.234A-100000@batcave.intrex.net>, on 12/21/96 at 07:51 AM, The Deviant <deviant@pooh-corner.com> said: ::On Fri, 20 Dec 1996, Michael Tighe SUN IMP wrote: ::> John Gilmore writes: ::> ::> >After further consultations with the attorneys, we are not sure ::> >whether the decision has nationwide impact or whether it is limited ::> >to the Northern District of California (which includes SF and ::> >Silicon Valley). ::Your Mileage May Vary -- check with your lawyer. <attila:> and where does the average hacker find a reliable attorney in these matters? more likely you will find the usual charlatan mouthpiece who will give it a whirl, be body-traded out, and still take your money. and that is just what is so special about pro bono attorneys: they have their soul on the line; and, even better, when the horsepower has the folks at Baker & Hostetler behind them (even if their head office is in Cleveland --my mother remembered Hostetler when he helped his father deliver milk door to door in East Cleveland (in the 1910s!)) </attila> ::> ::> The decision itself says it only applies to Bernstein, and then only ::> for source code. ::> ::The fact that one judge says his ruling only applies to one person is ::irrelevant ; his decision can, and probably will, be used as precedent ::in other cases, which is the good that it really serves in the first ::place. More power to Mr. Bernstein and all, but in reality this case ::has almost nothing to do with him in particular. The real usefullness ::of this case is so that other judges can see that at least one judge ::believes that the law _can_ be wrong, even if only in specific cases. <attila> Absolutely! Given the concept I propounded a few days ago that each Federal District Judge is his own 'Judge Roy Bean, Law West of the Pecos," he still has reference to the decision; he can either use it as the basis of the decision in his court, or he can ignore. If the case has been to appeal and affirmed; and, Judge Roy is in the same appeals circuit, an adverse decision is not likely to stand. What's the point? PRECEDENCE! Bernstein (who hung on despite dealing with a mute point in his own case), the EFF, and all the <i> pro bono </i> attorneys who made the case successful are to be congratulated. We, if we love our freedom, owe all of the players a rather large debt of gratitude for blowing a hole in Fort Clinton. and, I will stand up and say "thank you!" any place I can. </attila> == Tyranny Insurance by Colt Manufacturing Co. -----BEGIN PGP SIGNATURE----- Version: 2.6.3i Charset: latin1 Comment: Encrypted with 2.6.3i. Requires 2.6 or later. iQCVAwUBMrzUVr04kQrCC2kFAQHPsQQAwl4UWKtrUYhwF4GoPZTWZdYozRpgzr0N U20Mb4PmrgeeKzHfRV7CjJmbqsQX3AdM0ydn7KN8BcnKs5jhWqKQ+vPfjb/Vn56b 3woBhc6Lg0ERMpOPaBvRjpynsHzTjCarb24JEqP70UyEHvS2o7MBIZLbF2rsW9Xa txBdQz9+vIk= =09yf -----END PGP SIGNATURE-----
participants (4)
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Attila T. Hun
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John Gilmore
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michael.tigheï¼ Central.Sun.COM
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The Deviant