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
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Electronic Frontier Foundation Contacts:
Shari Steele, Staff Attorney
301/375-8856, ssteele@eff.org
John Gilmore, Founding Board Member
415/221-6524, gnu@toad.com
Cindy Cohn, McGlashan & Sarrail
415/341-2585, cindy@mcglashan.com
San Francisco - On Monday, Judge Marilyn Hall Patel struck down Cold War
export restrictions on the privacy...
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Electronic Frontier Foundation Contacts:
Shari Steele, Staff Counsel
301/375-8856, ssteele@eff.org
John Gilmore, Founding Board Member
415/221-6524, gnu@toad.com
Cindy Cohn, McGlashan & Sarrail
415/341-2585, cindy@mcglashan.com
San Francisco, CA -- On Friday, September 20, 1996, Judge Marilyn Hall
Patel will hold hearings in...
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July 26, 1996 Electronic Frontier Foundation
Contacts:
Shari Steele, Staff Counsel
301/375-8856, ssteele@eff.org
Mike Godwin, Staff Counsel
510/548-3290, mnemonic@eff.org
Lori Fena, Executive Director
415/436-9333, lori@eff.org
San Francisco, CA -- A University of Illinois at Chicago faculty member
who is suing...
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April 17, 1996
Electronic Frontier Foundation Contacts:
Shari Steele, Staff Counsel
301/375-8856, ssteele@eff.org
Lori Fena, Executive Director
415/436-9333, lori@eff.org
Denying the government's motion for dismissal in mathematician Daniel Bernstein's suit against the State Department, Judge Marilyn Hall Patel in the Northern District of California...
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On October 20th in San Francisco, we'll have the first public hearing
in the EFF/Bernstein lawsuit, which seeks to have the export laws on
cryptography declared unconstitutional. You are invited!
Meet at the Federal Building in San Francisco, 450 Golden Gate Avenue.
The first "oral arguments"...
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