Pursuant to a request from the panel of the 9th Circuit that ruled in Professor
Bernstein's favor in May, 1999, both Professor Bernstein and the US Government
today filed simultaneous letter briefs advising the panel that, in light of the
new interim encryption export regulation issued on January 14, 2000, this case
should be remanded to the original District Court for further proceedings and
review.

Bernstein brief stated: "While Plaintiff remains concerned about the
Constitutionality and ambiguity of the new interim regulations, and while they
do appear to affect Professor Bernstein's scientific activities, we are
continuing to seek clarification from the Defendants and believe that,
regardless of the outcome of that process, the questions concerning the new
interim regulations should be heard in the district court in the first
instance."

In addition to filing this brief with the court, Bernstein plans to send a
follow-up to letter to BXA requesting clarification of some of the statements
made in the Advisory Opinion letter issued by the government on February 17,
2000.