A posting by Cindy Cohn, one of Bernstein's legal team, to cyberia-l,
archived at
http://www.ljx.com/mailinglists/cyberia-l/20266.html
suggests that it would be premature to create such sites.
She writes:
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cited as a slip opinion in the meantime, but is not binding
precedent yet.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 [in the lower court],
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.
Given that I have this aversion to prosecution, I'm personally
prepared to wait on this..
- Bill
