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Just by coincidence, there was a development in the Bernstein case today. Here's a message from Bernstein's lawyer, Cindy Cohen:From: Cindy Cohn (Cindy@mcglashan.com)
Subject: En Banc Review granted
Date: Thu, 30 Sep 1999 12:16:54 -0700
The 9th Circuit has granted en banc review of the Bernstein decision and has withdrawn the panel decision. No word yet on further briefing or a date for oral argument.
-- Hal Abelson, October 1, 1999
More on the Bernstein appeal:U.S. Appeals Court To Review Encryption Export Case
WASHINGTON (Reuters) - A full U.S. Appeals Court will review a decision by a panel of its judges that declared U.S. export regulations on computer data-scrambling technology unconstitutional, the court announced.
The full Court of Appeals for the Ninth Circuit, based in San Francisco, said Thursday it would reconsider a May 6 ruling by a three-judge panel in favor of computer scientist Daniel Bernstein.
The panel ruled 2-1 that U.S. export laws prohibiting Bernstein from posting a computer encryption program on a Web site violated the scientist's right to free speech.
In June, the Justice Department requested that the full court review the earlier ruling, which upheld an initial 1997 District Court ruling in favor of Bernstein.
Earlier this month, the Clinton administration announced it would dramatically loosen the export rules. But officials have since said that the new rules will continue to bar online posting of source code to create encryption software.
-- Hal Abelson, October 1, 1999
More on the Bernstein case:Oral arguments before the larger panel of judges (the en banc hearings) have been set for December 16.
-- Hal Abelson, October 6, 1999