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.
Related Content
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The stipulation proposed in letter from Bernstein's counsel asking the government to stipulate to not enforcing the Commerce Department regulations until they have been reviewed by the court for Constitutionality....
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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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Judge Patel's decision overturning parts of the Arms Export Control Act and International Traffic in Arms Regulations as unconstitutional....
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Dan Bernstein's declaration regarding the course he plans to teach....
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Robert Prior's declaration explaining the whole process by which the PGP Source Code book was created, published, and submitted for export control consideration....
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The brief motion for a preliminary injunction preventing the government from enforcing the export laws against Dan or his students if he teaches a crypto class. STILL MISSING are several other declarations.
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Our legal arguments that a preliminary injunction should stop the Defendants from using the export laws against Prof. Bernstein or his students for a class on cryptography.
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The "proposed order" which, if signed by the judge, would put the preliminary injunction into effect....
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The official transcript of the hearing which occured before Judge Marilyn Hall Patel on October 20, 1996, regarding the cross-motions for summary judgement.
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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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