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.

Stay in Touch

NSA Spying

EFF is leading the fight against the NSA's illegal mass surveillance program. Learn more about what the program is, how it works, and what you can do.

Follow EFF

Here's a 360-degree photo of some of the volunteers who've gathered 415+ California database catalogs https://www.facebook.com/eff/... #datahunt

Aug 27 @ 2:31pm

Unless stopped, European user content sites may be forced to do revenue-sharing deals with entertainment companies https://www.eff.org/deeplinks...

Aug 26 @ 3:52pm

Leaked European copyright proposal would cause massive changes to Internet platforms and news sites as we know them https://www.eff.org/deeplinks...

Aug 26 @ 1:06pm
JavaScript license information