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