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 M. EDWARD ROSS, ESQ.; SBN 173048 STEEFEL, LEVITT & WEISS A Professional Corporation One Embarcadero Center, 30th Floor San Francisco, CA 94111 Tel: (415) 788-0900 JAMES WHEATON, ESQ.; SBN 115230 ELIZABETH PRITZKER, ESQ.; SBN 146267 FIRST AMENDMENT PROJECT 1736 Franklin, 8th Floor Oakland, CA 94612 Tel: (510) 208-7744 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, ) ) SECOND DECLARATION OF v. ) CINDY A. COHN IN OPPOSITION ) TO DEFENDANTS' MOTION FOR ) SUMMARY JUDGMENT ) UNITED STATES DEPARTMENT OF ) Date: September 20, 1996 STATE et al., ) Time: 12:00 ) Judge: Hon. Marilyn Hall Patel Defendants. ) ) _________________________________________) I, CINDY A. COHN, hereby declare: 1. I am an attorney at law associated with the law firm of McGlashan & Sarrail, Professional Corporation, and duly admitted to practice law in the State of California in the Northern District of California, and am one of the Plaintiff's attorney-of-record in this current case. I have personal knowledge of the facts set forth herein, unless otherwise indicated, and if called upon as a witness could and would so testify. 2. Attached hereto as Exhibits are several press releases and documents which have been issued by Defendants to the general public over the past two years. These documents 1) assert that Defendants' purpose in enforcing the ITAR Scheme is not only to prevent "export" of strong cryptography, but to control the domestic use of cryptography for domestic law enforcement purposes, and 2) indicate an ongoing policy of misusing the export restrictions to further this domestic goal by granting export preferences to the Government's preferred method of encryption called Key Escrow or GAK. 3. Attached hereto as Exhibit A is a true and correct copy of a document issued to the public by Defendants entitled "U.S. Cryptography Policy: Why We Are Taking the Current Approach" dated July 12, 1996. 4. Attached hereto as Exhibit B is a true and correct copy of a cover letter and Pages 1-7 of a draft "White Paper" published by the Interagency Working Group on Cryptography Policy on May 20, 1996. The document is entitled "Enabling Privacy, Commerce, Security and Public Safety in the Global Information Infrastructure." 5. Attached hereto as Exhibit C is a press release issued by the Department of State on February 4, 1994. 6. This misuse of the export controls has also raised concern in Congress, as seen in a recent press release issued by the Office of Senator Conrad Burns, dated May 20, 1996, attached hereto as Exhibit D. I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge. Dated:___________________ ___________________________________ CINDY A. COHN