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