Bernstein v. US Department of Justice
While a graduate student at the University of California at Berkeley, Bernstein completed the development of an encryption equation (an "algorithm") he calls "Snuffle." Bernstein wishes to publish a) the algorithm (b) a mathematical paper describing and explaining the algorithm and (c) the "source code" for a computer program that incorporates the algorithm. Bernstein also wishes to discuss these items at mathematical conferences, college classrooms and other open public meetings. The Arms Export Control Act and the International Traffic in Arms Regulations (the ITAR regulatory scheme) required Bernstein to submit his ideas about cryptography to the government for review, to register as an arms dealer, and to apply for and obtain from the government a license to publish his ideas. Failure to do so would result in severe civil and criminal penalties. Bernstein believes this is a violation of his First Amendment rights and has sued the government.
After four years and one regulatory change, the Ninth Circuit Court of Appeals ruled that software source code was speech protected by the First Amendment and that the government's regulations preventing its publication were unconstitutional.
Updates
-
As expected, the U.S. Government today sought further review by the 9th Circuit of a 3 judge panel's recent decision holding that the federal government's regulations of encryption is unconstitutional. The Petition, which seeks both rehearing from the panel and rehearing en banc by an 11 judge panel, asserts two...
-
As expected, the U.S. Government today sought further review by the 9th Circuit of a 3 judge panel's recent decision holding that the federal government's regulations of encryption is unconstitutional. The Petition, which seeks both rehearing from the panel and rehearing en banc by an 11 judge panel, asserts two...
-
On May 6, a three-judge panel of the United States Court of Appeals for the Ninth Circuit in San Francisco issued a decision in a case involving government controls on encryption exports. The Department of Commerce and the Department of Justice are currently reviewing the Ninth Circuit's decision in Daniel...
-
The Ninth Circuit Court of Appeals has ruled that the federal government's restrictions on encryption are unconstitutional, affirming a lower court's ruling that export control over cryptographic "software and related devices and technology are in violation of the First Amendment on the grounds of prior restraint."
"The Court understood...
-
"I'm pleased the federal appeals court has affirmed Federal District Court Judge Marilyn Patel's original decision that in the name of national defense, the U.S. government should not restrict the very liberties it is supposed to be defending. This decision demonstrates the judicial branch's understanding of the encryption debate. Now...
Pages
