[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index]
Re: Government shows its hand...good news!
Steve Schear wrote:
> 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.
Quite possibly. But only as applied to the individual case, or more
broadly enjoining the government from enforcing the law (if there will
be a law)? The latter would be better, but many judges would not be
willing to go that far.
> >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
I'm not nearly enough of a sucker to bet against that.