Thanks to Cindy Cohn we offer the USG's motion yesterday
to delay en banc reargument in Bernstein:
http://cryptome.org/bernstein-mot.htm
A quote:
"The revisions being implemented by the Department of
Commerce entail extensive changes in the existing terms
of the encryption export regulations. At this time, the details
of the revised regulations are under review. One of the
subjects currently under review in connection with the policy
update is the regulatory treatment of encryption source code.
It is possible that the revised regulations will not materially
change the treatment of source code. But it is also possible
that the revised regulations will alter the treatment of source
code in ways that could have a bearing on the constitutional
issues before this Court.(1)
(1) In connection with the announcement of the Administration's
encryption policy update on September 16, the Department
of Commerce issued a "question and answer" document
regarding the update that indicated, inter alia, that existing
controls on the export of encryption source code would not
be changed. That document does not reflect the review that
is currently taking place."
End quote.
