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,           ) 	
					)  
					)  PROPOSED ORDER                 
					)  GRANTING PRELIMINARY
					)  INJUNCTION                       
UNITED STATES DEPARTMENT OF 		)  
 STATE et al.,  			)   Date:  November 8, 1996
					)   Time:  10:30 a.m.
	   	   Defendants.		)   Judge:  Hon. Marilyn Hall Patel
					)
________________________________________)

	Plaintiff’s Motion for Preliminary Injunction in this matter came
on for regular hearing in the above-entitled Court on November 8, 1996. 
Cindy A. Cohn of McGlashan & Sarrail, Professional Corporation appeared
for Plaintiff and Anthony J. Coppolino of the United States Department of
Justice appeared for Defendants. 

	Having considered the pleadings and evidence submitted herein, the
applicable law and argument presented by counsel at hearing, this Court
hereby ORDERS as follows:

	1. Plaintiff’s Motion for Preliminary Injunction is GRANTED.
	2. Defendants are ENJOINED 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 be taught by Plaintiff during the Spring, 1997
semester at the University of Illinois at Chicago. 
	3. Defendants are further ENJOINED from requiring licensure,
approval, registration, reporting or the fulfillment of any requirements
of the AECA, ITAR 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.
	4. Notwithstanding any provision of the AECA, ITAR, or any other
export control statute or regulation, should Defendants breach this
Stipulation, any person affected by such breach shall have immediate
access to this Court for review on an expedited basis. 
	5.  Pursuant to Federal Rule of Civil Procedure 65(c), Plaintiff
need not post a bond for this injunction.  See California ex rel. Van De
Kamp v. Tahoe Regional Planning Agency, 766 F. 2d 1319, 1325-26 (9th Cir.
1985), modified, 775 F.2d 998 (9th Cir. 1985) (no bond required where
considerations of public policy make a waiver of a bond appropriate). 



Dated:

Hon. Marilyn Hall Patel
United States District Judge