Re: In light of the Bernstein Ruling...

[Cindy Cohn <Cindy@MCGLASHAN.COM>]

At 09:33 PM 5/6/99 -0400, you wrote:
>Is it now officially okay to start up an unrestricted-access cryptographic
>archive on US soil?

NO.  Not yet and probably not for a while.

First, the decision is not final for at least 52 days (45 for the govt to seek
rehearing/7 more for mandate to issue), even if the government doesn't seek
cert or rehearing.  It could probably be cited as a slip opinion in the
meantime, but is not binding precedent yet.

Second, once it is final, it will only be binding precedent within the 9th
Circuit.

Third, the status pending further review will probably be determined by a
motion for stay within the rehearing period.  If such a stay is granted, as it
was below, folks will probably have to wait until it's all over before they
can
publish without fear of prosecution.  We will oppose any request for a
stay, of
course.

This is a long road.  We took a big step forward today, but we are not at the
end yet unless the government decides not to seek further rehearing or
cert.


Thanks for the kudos and support everyone.  Lots of folks on this list have
been involved with the case and of course I'll be hitting all of you for help
us again in the next round :-).

Cindy


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Cindy A. Cohn, Cindy@McGlashan.com
McGlashan & Sarrail, P.C.
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