The complaint (charges) filed by EFF and Dan Bernstein against the State Dept. et al., seeking a ruling against the US ITAR export restrictions on encryption, as unconstitutional restraint of free speech.

The government's attempt to have the case dismissed for lack of jurisdiction....

This is a cover letter for the draft letter from Robert McConnell to Senator Jake Garn. It, and the draft, were written by Theodore Olson, Assistant Attorney General for the Office of Legal Counsel. It reaffirms the OLC position that the proposed EAA, and the existing ITAR, establish a...

This is a memo prepared for Davis Robinson, then the Legal Adviser for the Department of State. This is a very well-documented paper on the various unconstitutional provisions of ITAR. The two areas this memo concentrates on are the "technical data" definition as well as the definition...

Declaration of Lee Tien, an attorney on Bernstein's legal team, declaring that the several memos enclosed were obtained under the Freedom of Information Act from the Department of Justice and are true copies. These memos describe the Justice Department's stance that the export laws are...

Bernstein's request that the court take judicial notice of the memos from the Justice Department's Office of Legal Counsel (the Exhibits to Lee Tien declaration)....

Bernstein's motion in opposition to the State Department motion to dismiss the case....

Bernstein's objection to the introduction of evidence (declarations of William Lowell and Louis Giles) at this stage of the proceedings, when only the question of jurisdiction is supposed to be decided. In deciding jurisdiction, the truth of the allegations is assumed unless actual facts...

Declaration of Cindy Cohn, plaintiff's chief legal counsel in the Bernstein v. State Dept. case, detailing the reasons why it would be premature to dismiss the case at this time, and the documents and testimony that she would like to bring to the court before a decision is reached....