Re: Government shows its hand...good news!

[Steve Schear <azur@netcom.com>]

At 8:53 PM -0700 9/9/97, James S. Tyre wrote:
>Tim May is correct (as is Declan's clarification of his earlier note).
>If the amendment does become law, however, do not expect two things:
>
>1.  Do not expect that it will be fast-tracked to the Supreme Court, as
>was the case with CDA.  Instead, expect that it will start with the
>District Court, take years to get to and through the Court of Appeals,
>and then, if the U.S. Supreme Court decides to hear the matter at all
>(it would have no obligation to do so), much more time there.

Do, however, expect injunctive relief prior to any definitive ruling.

>
>2.  Do not expect that a case will involve a broad coalition of
>plaintiffs, as was the case with the CDA.  Expect that the courts will
>only entertain an action by a plaintiff with traditional standing:  one
>who goes through all of the bureaucratic hoops trying to get a license,
>and then is turned down.

Do expect one or more crypto-libertatians to publicize the shipment of
software in violation of the new rules in order to force a judicial
show-down.

--Steve