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.
Professor Daniel J. Bernstein today renews his court battle against U.S. government obstructions to Internet security research.
Bernstein's court complaint, to be filed today by Rich Winter and Sarah Pace of the Chicago-based firm McBride Baker & Coles, challenges the constitutionality of the government's regulations on cryptography. Internet software...
Judge Hug's order granting the Government motion to Reschedule Oral Argument to determine whether there will be an en banc review and setting the date to March 21, 2000....
BY ORDER OF THE COURT
Ms. Cathy Catterson
Clerk, United States Court of Appeals
for the Ninth Circuit
P.O. Box 193939
San Francisco, CA 941119-3939
Re: Bernstein v. Department of Justice
Case No. 97-16686
Please circulate to Justices B....
Bureau of Export Control's response to Bernstein's questions about the meaning of the new Jan. 14, 2000 changes to encryption "export" regulations....
Bernstein's questions about the meaning of the new Jan. 14, 2000 changes to encryption "export" regulations....
This is the governments request to have the oral arguement of the en banc request postponed to a later date.
On September 30, 1999, the Ninth Circuit Court of Appeals announced that it is granting the government's request to rehear the case Bernstein v. U.S. Department of Justice en banc. The case had been previously decided in Professor Bernstein's favor by a three-judge panel of the court. By granting the...