IN THE UNITED STATES COURT OF APPEALS
	FOR THE NINTH CIRCUIT


DANIEL J. BERNSTEIN			)
					)
		Plaintiff/Appellee,	)
					)
v.					)	No. 97-16686
					)  
UNITED STATES DEPARTMENT OF 		)	C-95-0582 MHP
  STATE et al.,  			)	(N.D. California,
					)	  San Francisco)
					)
		Defendants/Appellants	)
					)


DECLARATION OF DAVID BALENSON

	I, David Balenson, do hereby declare:

	1. 	I am currently a Principal Computer Scientist at Trusted
Information Services, Inc., located in Maryland.  Since 1993, TIS has
maintained an ongoing study of global availability of cryptography.  I am
the current maintainer of the study, portions of which are attached
hereto.  The description of the study explains the sources of information
which we have used in the study and the process by which we have attempted
to confirm the information we have received.

 	2.   	As the description of the study explains, as of December,
1996, we have located 570 cryptographic products for sale by foreign
sources in 28 countries.  Attached to this Declarations is the summary
list of cryptography manufacturers and distributers in foreign countries
and descriptions of specific cryptographic software and hardware available
from Australia, Austria, Belgium, Canada, Iran, Ireland, Israel, Italy,
Japan, Mexico, the Netherlands, Poland, Russia and South Africa.  

	3. 	Of the cryptographic products we found available in
foreign countries, many utilize cryptographic algorithms which were
originally developed in the United States, such as DES and RSA.
Additionally, cryptographic software which was developed in the United
States, such as PGP, is also available abroad.  Others foreign
cryptographic products utilize software and algorithms originating outside
the United States, such as IDEA.  For example, Systemics Ltd, in Ireland
(listed on page 28 of the attached portions of the survey) offers software
encryption kits using the American-developed algorithms DES & RSA,
American-developed software PGP, as well as the foreign-developed
algorithm IDEA.  
	4.  In addition, we discovered that software implementing all of
these algorithms, plus many more, is already freely available over the
Internet.    
	I declare under penalty of perjury that the foregoing is true and
correct.

Date:__17 Sep 1997______________                <signature>
                                         ________________________________
							DAVID BALENSON