Government shows its hand...good news!
James S. Tyre
j.s.tyre at worldnet.att.net
Wed Sep 10 14:14:13 PDT 1997
Steve Schear wrote:
>
> At 8:53 PM -0700 9/9/97, James S. Tyre wrote:
> >Tim May is correct (as is Declan's clarification of his earlier note).
> >If the amendment does become law, however, do not expect two things:
> >
> >1. Do not expect that it will be fast-tracked to the Supreme Court, as
> >was the case with CDA. Instead, expect that it will start with the
> >District Court, take years to get to and through the Court of Appeals,
> >and then, if the U.S. Supreme Court decides to hear the matter at all
> >(it would have no obligation to do so), much more time there.
>
> Do, however, expect injunctive relief prior to any definitive ruling.
>
Quite possibly. But only as applied to the individual case, or more
broadly enjoining the government from enforcing the law (if there will
be a law)? The latter would be better, but many judges would not be
willing to go that far.
> >
> >2. Do not expect that a case will involve a broad coalition of
> >plaintiffs, as was the case with the CDA. Expect that the courts will
> >only entertain an action by a plaintiff with traditional standing: one
> >who goes through all of the bureaucratic hoops trying to get a license,
> >and then is turned down.
>
> Do expect one or more crypto-libertatians to publicize the shipment of
> software in violation of the new rules in order to force a judicial
> show-down.
I'm not nearly enough of a sucker to bet against that.
>
> --Steve
-Jim
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