Subject: Re: DCE/DFS
To: Erik E. Fair <fair@clock.org>
From: Christopher R. Bowman <crb@Glue.umd.edu>
List: current-users
Date: 09/02/1997 01:57:23
On Mon, 1 Sep 1997, Erik E. Fair wrote:

> We do have a window coming up within a week or so with Judge Marilyn
> Patel's ruling in the Bernstein case (crypto as free speech). She has
> temporarily stayed the implementation of her order, pending a government
> reply, but when the order is implemented, anyone in Northern California
> will be able to put crypto into their web pages, legally; ITAR has been
> ruled an unconstitutional restriction on free speech.
> 
> I think we should push "domestic" out to the mirrors during the window.
> 
> See http://www.eff.org/ for details.
> 
> 	Erik

I am quite confused by this, in conversations with my attorney over
this exact issue he indicated to me that even if a person were to base
his actions on the Patel ruling, if the decision were overturned on apeal
by a higher court, then a person who conformed to the orriginal rulling
but wes at odds with decision of an appeals court could still be
charged.

Now, I am not a lawyer, and I don't even play one on TV, and granted
this isn't the particular specialty field of my attorney, but he was
rather explicit about this point.  What am I missing?


---------
Christopher R. Bowman
crb@Glue.umd.edu
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