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BERNSTEIN v UNITED STATES V DEPARTMENT OF STATE Click to find out why . . .



Keywords & Phrases
CaseNo: BVUSVDOS244707, Plaintiff: BERNSTEIN, State: CA California, UniqueCaseRef: LCD>BVUSVDOS244707, United States, Agency, Injunctive Relief, Control, State Department, Arms, Itar, Regulations, Scientific Paper, Jurisdiction, License, Defense Articles, Statutes, Algorithm, Computer Program, Public Domain, Cryptology, First Amendment, Times Relevant, National Security, Administrative Procedures Act, Publication, Allegations, Prior Restraint, Aeca, Constitution, Judicial Review, Mathematics , ContentID: 120249966

Case Documents
1   COMPLAINT
[ see first page and extracted highlights below  ] ItemID: 123695
30 pages
HTML
Total Documents: 1 document , 30 pages
Price: $ 19.95


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1 . COMPLAINT

EXTRACTED KEY WORDS
PLAINTIFF
UNITED STATES
AGENCY
INJUNCTIVE RELIEF
CONTROL
STATE DEPARTMENT
ARMS
ITAR
REGULATIONS
SCIENTIFIC PAPER
JURISDICTION
LICENSE
DEFENSE ARTICLES
STATUTES
ALGORITHM
COMPUTER PROGRAM
PUBLIC DOMAIN
CRYPTOLOGY
FIRST AMENDMENT
TIMES RELEVANT
NATIONAL SECURITY
ADMINISTRATIVE PROCEDURES ACT
PUBLICATION
ALLEGATIONS
PRIOR RESTRAINT
AECA
CONSTITUTION
JUDICIAL REVIEW
MATHEMATICS
CINDY A. COHN, ESQ.; SBN 145997
McGLASHAN & SARRAIL
Professional Corporation
177 Bovet Road, Sixth Floor
San Mateo, CA 94402
Telephone (415) 341-2585
          (Fax) 341-1395

Attorneys for
DANIEL J. BERNSTEIN





        IN THE UNITED STATES DISTRICT COURT

          NORTHERN DISTRICT OF CALIFORNIA

DANIEL J. BERNSTEIN            )    Case No.   C 95-0582-MHP
an individual,                 )
                               )
              Plaintiff,       )
                               )
v.                             )    COMPLAINT
                               )    (Declaratory Relief,
UNITED STATES DEPARTMENT       )    Injunctive Relief)
OF STATE; THE UNITED STATES    )
ARMS CONTROL & DISARMAMENT     )
AGENCY; UNITED STATES          )
DEPARTMENT OF DEFENSE;         )
UNITED STATES DEPARTMENT OF    )
COMMERCE; NATIONAL SECURITY    )
AGENCY; WARREN G. CHRISTOPHER; )
WILLIAM B. PERRY; RONALD       )
BROWN; ADMIRAL J. M.           )
McCONNELL; JOHN B. HOLUM;      )
WILLIAM G. ROBINSON; CHARLES   )
RAY; GARY M. ONCALE;           )
AMBASSADOR MICHAEL NEWLIN;     )
MARK KORO; GREG STARK;         )
and DOES 1-100, Inclusive,     )
                               )
              Defendants.      )
                               )
.
                       TABLE OF CONTENTS

SNIPPETS:
  • UNITED STATES DEPARTMENT) Injunctive Relief)
  • THE UNITED STATES) ARMS CONTROL & DISARMAMENT)
  • JURISDICTION.
  • Individual Defendants Allegations.
  • Public Domain Exception.
  • Judicial Review.
  • Plaintiff Attempts To Separate The
  • J. CRYPTOLOGY IS A CURRENT ISSUE OF PUBLIC DEBATE.
  • COUNT IV (LICENSE PROCEDURES ARE UNCONSTITUTIONAL).
  • V (THE AECA AND ITAR ARE VAGUE)
  • VI (THE AECA AND ITAR ARE OVERBROAD)
  • Plaintiff brings this action to have declared and adjudged unconstitutional, and to enjoin
  • Chapter 39 of the AECA and the ITAR are unconstitutional both on their face and as applied to
  • The statute and regulations at issue are defective, among other reasons, because they are
  • This is also an action pursuant to the Administrative Procedures Act, 5 U.S.C. 551 et seq.,
  • The jurisdiction of this Court over the subject matter of this action is predicated on 28
  • MR. BERNSTEIN is a graduate student in mathematics at the University of California at
  • At all times relevant to this action, Defendant UNITED STATES DEPARTMENT OF STATE was and is
  • At all times relevant to this action, Plaintiff is informed and believes and upon such
  • At all times relevant to this action, Plaintiff is informed and believes and upon such
  • The individual Defendants are responsible for the enforcement and execution of these statutes
  • authorizes the President "to control the import and the export of the defense articles and
  • This final requirement precludes any general publication or public discussion of the licensed
  • COUNT I (UNCONSTITUTIONAL PRIOR RESTRAINT)
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