Bernstein v. US Dept. of Justice (formerly Bernstein v. Dept. of State) Case Archive

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Files in this Archive

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.
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)
This is the governments request to have the oral arguement of the en banc request postponed to a later date.
EFF's response to the 9th Circuit Court of Appeals decision to rehear the Bernstein decision en banc.
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)
Simultaneous Dept. of Justice press release.
EFF press release on our victory in the appellate ruling in the Bernstein case (May 7, 1999).
Dept. of Justice press release on the appellate ruling in the Bernstein case (May 7, 1999).
The Dept. of Commerce's Bureau of Export Control press release on the appellate ruling in the Bernstein case (May 7, 1999).
Statement of Rep. Anna Eshoo (D-CA) on the Bernstein appellate victory. (May 6, 1999)
Written testimony by Cindy Cohn, lead attorney, before the Senate Judiciary Committee's Subcommittee on the Constitution, Federalism and Property Rights.
EFF press release about the judge's action in only partially staying her final decision in the case.
Department of Justice press release about the judge's final decision in the case.
EFF press release about the judge's final decision in the case.
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.
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.
EFF announcement of Judge Patel's decision striking down parts of the export control laws as unconstitutional. (HTML version)
EFF announcement of Judge Patel's decision striking down parts of the export control laws as unconstitutional. (text version)
EFF press release announcing the September 20th hearing.
EFF press release on our partial summary judgement filing.
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.
announcement of first court date for oral arguments in the Bernstein case (Oct. 20, 1995).
EFF's press release on the filing of this case.
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.
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.
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).
"Mathematician challenges U.S. lid on encryption software" article by Rory J. O'Connor on the Bernstein case, from _San_Jose_Mercury_News_.
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
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).
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.
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