21 November 1997

To: bernstein-announce@toad.com
Subject: Government's reply in Bernstein appeal; Dec 8 hearing coming
Date: Thu, 20 Nov 1997 20:20:30 -0800
From: John Gilmore <gnu@toad.com>

The Government's 38-page reply argues that:

	* The EAR's Export Controls Are Not a Facially Unconstitutional
	  Prior Restraint
	* The EAR's Export Controls Satisfy the First Amendment Standards
	  Governing Content-Neutral Regulations
	* The District Court's Declaratory and Injunctive Relief is Too Broad

The brief is available in graphical page images in:

	http://www.eff.org/pub/Legal/Cases/Bernstein_v_DoS/Legal/ 

(Reload the page in your browser if you have an older version cached.)

Several amicus briefs, filed on November 10 along with Professor
Bernstein's appeal brief, are also newly on the Web.  The full set of
filings for this appeal includes:

	Government's appeal brief
	Bernstein's appeal brief
	Amicus briefs from:
		Law professors
		EPIC & civil liberties organizations
		American Assoc. for the Advencement of Science (missing)
		Thomas Jefferson Center, re Founders' use of crypto
		RSA & NCSA & others, re reduced security from controls
	Government's reply brief

The Court will now digest this large meal of cellulose, then hold a
hearing in which the judges can question the lawyers from both sides,
about anything they are unclear about.  They will then deliberate, and
write and issue their decision.

The appeal hearing is on December 8, at 9AM at the Ninth Circuit Court
of Appeals, 95 Seventh Street, San Francisco.  This is *not* the same
location as earlier hearings in the case.

We hope you can come, to witness the struggle for civil rights for
cryptographers, to speak with the press who attend, to meet with other
people concerned about cryptography policy, and to show the judges
that the public cares how they decide this case.

	John Gilmore
	Electronic Frontier Foundation