Govt seeking emergency stay in Bernstein case

John Gilmore gnu at
Wed Aug 27 23:31:07 PDT 1997

Date: Wed, 27 Aug 1997 13:43:36 -0700
From: Cindy Cohn <Cindy at>

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 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]

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