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
-
Throughout our long history of defending encryption, EFF has taken a special interest in ensuring that researchers and programmers who help build and strengthen digital security are not prevented from sharing their knowledge. Because of this history, we periodically get requests about the status of U.S. export controls and how...
-
Sens. Richard Burr and Dianne Feinstein recently released a draft bill forcing nearly all U.S. companies to decrypt any encrypted data they may handle. Specifically, it would place a new, sweepingly broad duty on device manufacturers, software developers, ISPs, online services and others to decrypt encrypted data or offer...
-
Readers of these pages will be familiar with the debate going on between government officials and technologists around the world about law enforcement’s perceived need to access the content of any and all encrypted communications....
-
One of EFF's first major legal victories was Bernstein v. Department of Justice, a landmark case that resulted in establishing code as speech and changed United States export regulations on encryption software, paving the way for international e-commerce. We represented Daniel J. Bernstein, a Berkeley mathematics Ph.D. student, who wished...
-
Recently, FBI Director James B. Comey, along with several government officials, have issued many
public statements regarding their inability to catch criminals due to Apple and Google offering default encryption to their consumers.We at EFF have been around long enough to see these nearly identical statements being made in...
-
FBI Director James Comey gave a speech yesterday reiterating the FBI's nearly twenty-year-old talking points about why it wants to reduce the security in your devices, rather than help you increase it. Here's EFF's response:
The FBI should not be in the business of trying to convince companies...
-
Update 9/26/14: Recently Apple has announced that it is providing basic encryption on mobile devices that they cannot bypass, even in response to a request from law enforcement. Google has promised to take similar steps in the near future. Predictably, law enforcement has responded with howls of alarm.
...
-
Like so many others, we were stunned to learn that law professor, cartoonist, copyfighter and digital rights stalwart Professor Keith Aoki passed away earlier this week. Keith, who started at the University of Oregon then moved to U.C. Davis, was a longtime friend to EFF and one of...
-
They can promise strong encryption. They just need to figure out how they can provide us plain text. - FBI General Counsel Valerie Caproni, September 27, 2010
[W]e're in favor of strong encryption, robust encryption. The country needs it, industry needs it. We just want to make sure we...
-
The New York Times reported this morning on a Federal government plan to put government-mandated back doors in all communications systems, including all encryption software. The Times said the Obama administration is drafting a law that would impose a new "mandate" that all communications services be "able to intercept...
Pages