Skip to main content

Court Allows Unlicensed Crypto Export

August 29, 1997

Court Allows Unlicensed Crypto Export

Yesterday a federal judge here denied a
government motion to silence mathematician Daniel Bernstein.

On August 25, District Court Judge Marilyn Hall Patel declared the
Commerce Department's cryptography regulations unconstitutional.
Judge Patel also issued an injunction to prohibit prosecution of Prof.
Bernstein and others who publish Prof. Bernstein's work.

In response to an emergency motion from the government on August 28,
Judge Patel ruled that most of the injunction would be put on hold
until the 9th Circuit Court of Appeals has had a chance to review
Prof. Bernstein's case. However, part of the injunction will remain
in effect: after September 8, Prof. Bernstein will be free to publish
his Snuffle 5.0 software on the Internet without fear of prosecution.
Snuffle 5.0 is at the heart of Prof. Bernstein's lawsuit against the
government.

Scanned images of the Government's emergency request for a stay
are available from EFF's online archives at:
http://www.eff.org/pub/Privacy/ITAR_export/Bernstein_case/
Legal/970827_stay_motion.images

Prof. Bernstein's opposition to the stay is at:
http://www.eff.org/pub/Privacy/ITAR_export/Bernstein_case/
Legal/970827_stay.opposition

Full text of the lawsuit and other paperwork filed in the case is
available from EFF's online archives at:
http://www.eff.org/pub/Privacy/ITAR_export/Bernstein_case/

Press Contacts:

Shari Steele, Staff Attorney, Electronic Frontier Foundation
301/375-8856, ssteele@eff.org

John Gilmore, Founding Board Member, EFF
541/354-6541, gnu@toad.com

Cindy Cohn, McGlashan & Sarrail
415/341-2585, cindy@mcglashan.com

JavaScript license information