CINDY A. COHN, ESQ.; SBN 145997 McGLASHAN & SARRAIL Professional Corporation 177 Bovet Road, Sixth Floor San Mateo, CA 94402 Tel: (415) 341-2585 Fax: (415) 341-1395 LEE TIEN, ESQ.; SBN 148216 1452 Curtis Street Berkeley, CA 94702 Tel: (510) 525-0817 ROBERT CORN-REVERE, ESQ. JEREMEY B. MILLER, ESQ. JULIA F. KOGAN, ESQ. Hogan & Hartson, L.L.P. 555 Thirteenth Street, N.W. Washington, D.C. 20008 Tel: (202) 637-5000 Attorneys for Plaintiff Daniel J. Bernstein IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA DANIEL J. BERNSTEIN ) ) C 95-00582 MHP Plaintiff, ) ) v. ) MOTION FOR ) PRELIMINARY ) INJUNCTION UNITED STATES DEPARTMENT OF ) STATE et al., ) Date: November 8, 1996 ) Time: 10:30 a.m. Defendants. ) Judge: Hon. Marilyn Hall Patel ) ________________________________________) Pursuant to Rule 65(a) of the Federal Rules of Civil Procedure, Plaintiff hereby moves for Preliminary Injunction in this matter as follows: 1. To ENJOIN Defendants from investigating or prosecuting under the Arms Export Control Act (“AECA”) 22 U.S.C. § 2778 et seq., and the International Traffic in Arms Regulations (“ITAR”), 22 C.F.R. § 120 et seq., or any export control statute or regulation which would require prepublication licensing of any teaching or scientific exchange activities, the following persons: a. Plaintiff, and b. Plaintiff’s students, and c. Any person who receives technical data, cryptography software or defense services from Plaintiff or his students; when such technical data, cryptography software or defense services were given or received as part of teaching or scientific exchanges during or in preparation for the cryptography course to by taught by Plaintiff during Spring, 1997 semester at the University of Illinois at Chicago. 2. To ENJOIN Defendants from requiring licensure, approval, registration, reporting, or the fulfillment of any other requirements of the AECA, ITAR or or any export control statute or regulation which would require prepublication licensing of any teaching or scientific exchange activities, the following persons: a. Plaintiff, and b. Plaintiff’s students, and c. Any person who receives technical data, cryptography software or defense services from Plaintiff or his students; when such technical data, cryptography software or defense services were given or received as part of teaching or scientific exchanges during or in preparation for the cryptography course to be taught by Plaintiff during the Spring, 1997 semester at the University of Illinois at Chicago. This Motion is made upon the grounds that Plaintiff and his students will be irreparably harmed if they are forced to risk prosecution or are prosecuted for teaching or scientific exchange activities; that the balance of hardships favors Plaintiff, especially since Defendants have already asserted that they have no present intention to prosecute Plaintiff for such activities; that Plaintiff has demonstrated a likelihood of success on the merits of this litigation, and that the public interest will be advanced by the preparation for and teaching of this course. Dated: CINDY A. COHN McGLASHAN & SARRAIL Professional Corporation Attorneys for Plaintiff Daniel J. Bernstein