Bernstein v. US Dept. of Justice (formerly Bernstein v. Dept. of State) Case Archive
Files in this Archive
- 20020107_eff_pr.html
- Electronic Frontier Foundation Media Advisory:
Professor Pushes for Revised Encryption Regulations - Govt. Censorship
of Cryptography Research Unconstitutional. San Francisco - 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 uses cryptography to keep passwords and credit-card
numbers safe from attackers.
- 20000303_bernstein_pr.html
- Press Release: Plaintiff Bernstein has
requested the 9th Circuit to remand
the case back to the District Court, which should examine implications
of Jan. 14, 2000 changes to the encryption "export" regulations.
His Brief also opposes, on principle, the government's move to overturn
the injunction against enforcement of the old regulations. (Mar. 3,
2000)
- 19991020_gov_mot_to_resch.html
- This is the governments request to have
the oral arguement of the en banc request postponed to a later date.
- 19991001_eff_rehear_respon.html
- EFF's response to the 9th Circuit
Court of Appeals decision to rehear the Bernstein decision en banc.
- 19990621_eff_pressrel.html
- EFF statement on government appeal of
Bernstein (encryption free speech case) ruling. Petition for
rehearing is hardly a surprise move, and govt. makes no new
arguments. (June 21, 1999)
- 19990621_doj_pressrel.html
- Simultaneous Dept. of Justice press release.
- 19990507_eff_pressrel.html
- EFF press release on our victory in the
appellate ruling in the Bernstein case (May 7, 1999).
- 19990507_doj_pressrel.html
- Dept. of Justice press release on the
appellate ruling in the Bernstein case (May 7, 1999).
- 19990507_doj_pressrel.html
- The Dept. of Commerce's Bureau of Export
Control press release on the appellate ruling in the Bernstein case (May
7, 1999).
- 19990506_eshoo_pressrel.html
- Statement of Rep. Anna Eshoo (D-CA)
on the Bernstein appellate victory. (May 6, 1999)
- 19980317.testimony
- Written testimony by Cindy Cohn, lead attorney,
before the Senate Judiciary Committee's Subcommittee on the Constitution,
Federalism and Property Rights.
- 19970829.pressrel
- EFF press release about the judge's action in
only partially staying her final decision in the case.
- 19970826_govt.pressrel
- Department of Justice press release about the
judge's final decision in the case.
- 19970826.pressrel
- EFF press release about the judge's final decision
in the case.
- 19970617.pressrel
- EFF media advisory about June 18, 1997, press
conference to be held after final hearing in the Bernstein v. Dept. of
State case at the District level.
- 961230.pressrel
- EFF press release about 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.
- 961218_pressrel.html
- EFF announcement of Judge Patel's decision
striking down parts of the export control laws as unconstitutional.
(HTML version)
- 961218.pressrel
- EFF announcement of Judge Patel's decision
striking down parts of the export control laws as unconstitutional.
(text version)
- 960918.pressrel
- EFF press release announcing the September 20th hearing.
- 960726.pressrel
- EFF press release on our partial summary judgement filing.
- 960417.pressrel
- EFF press release on Judge Patel's decision to
deny the government's request to dismiss Bernstein case, and her
acknowledgement that source code is protected speech.
- 951020.alert
- announcement of first court date for oral
arguments in the Bernstein case (Oct. 20, 1995).
- 950221.pressrel
- EFF's press release on the filing of this case.
- 9502xx_60minutes.letter
- Letter from EFF to producers of _60_Minutes_
news program, criticizing
a _60_Minutes_ profile of Internet security that failed to
mention encryption. Letter points out crypto's essential role in data
security, and introduces the EFF/Bernstein v. Dept. of State/NSA
lawsuit.
- eff_bernstein_950221.complaint
- The complaint (charges) filed by EFF and
Dan Bernstein against the State Dept.,
et al., for violation of First Amendment
free speech rights via ITAR crypto export
restrictions.
- 930326_ray.transcript
- A revealing and frustrating transcript of a
discussion between Dan Bernstein and Charles Ray (of the
Office of Defense Trade Controls, which enforced the export control
laws at that time).
- oconnor.article
- "Mathematician challenges U.S. lid on encryption software"
article by Rory J. O'Connor on the Bernstein case, from
_San_Jose_Mercury_News_.
- crypto_steele_eff_60min_0295.letter
- Letter to "60 Minutes" from Shari
Steele, Director of Legal Services, regarding 1995 story on computer
security. Discusses how security is beign compromised by US export
restrictions on encryption, and how EFF is challenging them in the
Bernstein case.
Subdirectories in This Archive
- Up to the Parent Directory
- Legal/
- A full copy of all the legal documents in the case (except some
that the government submitted but would not provide in machine-readable
form, and a few that were copies of published material).
- Letters/
- Directory containing the original letters between Bernstein
and various officials regarding the export of the Snuffle
encryption algorithm and program. Some of these items are
also exhibits in the case.
- Misc/
- Miscellaneous documents relating to the Bernstein case.
Related On-Site Resources
- EFF Privacy, Cryptography & Security
Archive
- Peter Junger's lawsuit
- Professor Junger's lawsuit over whether the First
Amendment gives him the right to teach a class in which cryptography
is detailed, if a foreign student is present.
- Phil Karn's lawsuit
- Phil Karn's lawsuit over whether he can export some source code from
Bruce Schneier's book "Applied Cryptography".
Links to Related Off-Site Resources
- Website of Bernstein's legal counsel, the law firm McGlashan & Sarrail
-
sci.crypt FAQ
(See
Section 7)
-
RSA's Crypto FAQ
(See
Misc Section)
- CyberLaw Page on
Cryptography and
Speech
- Discussion of Bernstein case and brief synopsis of underlying legal
concepts involved