Department of Justice Seal

FOR IMMEDIATE RELEASE CIV FRIDAY, AUGUST 29, 1997 (202) 616-2777 TDD (202) 514-1888 JUDGE STAYS ORDER IN ENCRYPTION CASE WASHINGTON, D.C. -- The Department of Justice announced today that U.S. District Court Judge Marilyn Hall Patel of the Northern District of California last night stayed the effect of her August 25, 1997, decision in Bernstein v. Department of State that U.S export controls on encryption software violate the First Amendment. The court stayed the effect of this decision until September 8, 1997. The court also stated that it would issue a further order limiting the effect of its August 25 decision pending any appeal solely to the plaintiff, Daniel P. Bernstein, and his software program that is in issue in this case. Under this order, the court's decision that export controls are unconstitutional does not apply to any other person pending appeal, and these controls remain in effect. The court took these actions after a telephone hearing last evening on the government's motion for a stay of the August 25 decision pending an appeal. ##### 97-354