CINDY A. COHN, ESQ.; SBN 145997		
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	

Hogan & Hartson, L.L.P.
555 Thirteenth Street, N.W.
Washington, D.C. 20008
Tel: (202) 637-5000

Attorneys for Plaintiff
Daniel J. Bernstein


					)  C 95-00582 MHP
                   Plaintiff,          	) 	
v.					)  ROBERT V. PRIOR      
STATE et al.,  			        )
	   	   Defendants.		)  

	I, ROBERT V. PRIOR, hereby declare:

	1.  I am an editor in the Computer Science and Artificial
Intelligence department of The MIT Press, located at 55 Hayward Street,
Cambridge, MA 02142.  The facts contained herein are known to me of my own
personal knowledge and, if called upon to testify thereto, I could and
would competently do so. 

	2.  This Declaration is a statement of the facts and dates with
regard to the publication of Philip R. Zimmermann's book, PGP: Source Code
and Internals, by The MIT Press. 

 	3. In mid-1994, I was introduced to Phil Zimmermann at a computer
conference by a mutual acquaintance. Phil and I discussed the possibility
of his publishing a book with The MIT Press and shortly thereafter we
formulated plans for two books - both of which we felt would be both
important additions to the rather skimpy existing library of books on
cryptographic software. 

	4. The MIT Press and the administration of the Massachusetts
Institute of Technology were fully aware of the controversy surrounding
PGP and Mr. Zimmermann and made the decision to publish these books for
both sound business reasons (later confirmed by sales of the books) and in
a desire to see non-classified and pedagogically important information be
made widely available.

	5. A freelance designer was hired, a normal business practice for
electronic manuscripts, and in due course a fully-formatted electronic
manuscript of the Source Code book was delivered to MIT Press. A set of
laser proofs of the book was produced at the earliest possible date in the
publication process.

	6. On January 24, 1995, the laser proofs were sent to the Office
of Defense Trade Controls at the U.S. Dept. of State.  A copy of the
letter that accompanied the page proofs is attached hereto as Exhibit "A." 
Briefly, the letter stated our belief that the was not covered on the U.S.
Munitions List and thus would not be subject to export control under ITAR. 

	7. On February 24th, I was able to confirm that a number had been
assigned to our CJ Request (CJ 052-95) and that copies of the page proofs
of the book had been sent to the Departments of Defense and Commerce for
review and that the review should take 20-30 days. 

	8. I called my contact at the State Dept., Mr. Sam Capino,
approximately every week or two to inquire as to the status of the CJ
Request and repeatedly reinforced that the book was due to be published in
May and that it was our plan to export it without restriction as part of
our normal book distribution process.

	9. On April 26th, at the suggestion of Mr. Capino, I wrote to Dr.
Martha C. Harris of the State Departments' Bureau of Political Military
Affairs, requesting that our request be given expedited handling.  Our
request is attached hereto as Exhibit "B."  Despite this, we received no
response from the Government prior to our original May publishing date. 

	10.  On June 6th, over four months after we sent our CJ Request,
the book was published and shipped from our warehouse to all customers who
had ordered copies in advance of publication. This included our own
warehouse in the U.K., bookstores with whom we normally do business
throughout Europe and in countries such as Israel, Australia, and Japan,
and to individuals from many countries who had ordered copies in advance
of publication. 

	11. On that same day, I was told by Mr. Capino that he had
received a favorable review from the Department of Commerce.  He told me
that Commerce had determined: "this book is generally available to the
public. Commerce should have the commodity jurisdiction since this is not
specifically written for military application." 

	12. He then told me that he had not yet heard from the Department
of Defense.  I was told that the Department of Defense had given the book
to the NSA for review and that as of June 6th, "NSA's recommendation is
with their general counsel's office for approval."  Mr. Capino also told
me informally that NSA's recommendation was that the book should be
controlled under the ITAR.  When I asked him to send me receive
confirmation of NSA's recommendation in writing, he said he was unable to
do so. 

	13. The tale basically ends here.  We never received any response
to our letter, either to confirm that our interpretation of the ITAR was
correct or to inform us that it was not correct.  We decided to publish
the book in spite of the fact that we had not received a response from the
Government and despite the fact that we had been told informally that NSA
recommended that the book be controlled under the ITAR. 

	14. The book was published, sold out two printings, and has since
gone out of print. There has been no word from any branch of the U.S.
Government regarding the publication nor has there been any attempt to
stop MIT Press from distributing the book. 

	I declare under penalty of perjury that the foregoing is true and
correct and that this Declaration was executed at San Mateo, California.