EFF "Bernstein v. US Dept. of State: Motion for Partial Summary Judgment" Archive

Files in this Archive

partsj.motion

The legal brief that argues in detail how the ITAR Scheme is unconstitutional. (ASCII text version.)

HTML/partsj_motion.html

The legal brief that argues in detail how the ITAR Scheme is unconstitutional. (HTML version.)

motion.notice

The motion itself (most of which is quoted above), and a listing of all the papers filed with it. (ASCII text version.)

HTML/motion_notice.html

The motion itself (most of which is quoted above), and a listing of all the papers filed with it. (HTML version.)

service.proof

Proof that legal papers were sent to the Defendants. (ASCII text version.)

HTML/service_proof.html

Proof that legal papers were sent to the Defendants. (HTML version.)

abelson.decl

Hal Abelson's declaration about computer programs as a medium of expression. (ASCII text version.)

HTML/abelson_decl.html

Hal Abelson's declaration about computer programs as a medium of expression. (HTML version.)

appel.decl

Andrew Appel's declaration about the academic process of publication and critique of papers and software (both online and on paper). (ASCII text version.)

HTML/appel_decl.html

Andrew Appel's declaration about the academic process of publication and critique of papers and software (both online and on paper). (HTML version.)

behlendorf.decl

Brian Behlendorf discusses how his Apache web server software was categorized as export-controlled encryption software by the National Security Agency, despite its lack of encryption capabilities, and had to be modified to avoid further government harassment. (ASCII text version.)

HTML/behlendorf_decl.html

Brian Behlendorf discusses how his Apache web server software was categorized as export-controlled encryption software by the National Security Agency, despite its lack of encryption capabilities, and had to be modified to avoid further government harassment. (HTML version.)

bernstein.decl

Plaintiff Dan Bernstein talks about how he got involved in this case, NSA statements about the public domain and the process of publication, his fears based on his experience with the ITAR, and the impact on his ability to teach cryptography. (ASCII text version.)

HTML/bernstein_decl.html

Plaintiff Dan Bernstein talks about how he got involved in this case, NSA statements about the public domain and the process of publication, his fears based on his experience with the ITAR, and the impact on his ability to teach cryptography. (HTML version.)

bishop.decl

Matt Bishop's discussion about how encryption enables him to privately discuss sensitive information about computer vulnerabilities with his peers, except those in foreign countries. (ASCII text version.)

HTML/bishop_decl.html

Matt Bishop's discussion about how encryption enables him to privately discuss sensitive information about computer vulnerabilities with his peers, except those in foreign countries. (HTML version.)

blaze.decl

Declaration of Matt Blaze,a Principal Research Scientist at AT&T Laboratories, and an Adjunct Professor of Computer Science at Columbia University, in which he states that cryptography systems are mathematical, benefit from community scrutiny, are inseparable from modern computer systems and that the Government regulations impede him from his work. (ASCII text version.)

HTML/blaze_decl.html

Declaration of Matt Blaze,a Principal Research Scientist at AT&T Laboratories, and an Adjunct Professor of Computer Science at Columbia University, in which he states that cryptography systems are mathematical, benefit from community scrutiny, are inseparable from modern computer systems and that the Government regulations impede him from his work. (HTML version.)

cohn1.decl

Declaration of lead counsel Cindy Cohn, arguing against the Dept. of State's motion for Summary Judgement. (ASCII text version.)

HTML/cohn1_decl.html

Declaration of lead counsel Cindy Cohn, arguing against the Dept. of State's motion for Summary Judgement. (HTML version.)

cohn2.decl

2nd Declaration of lead counsel Cindy Cohn, arguing against the Dept. of State's motion for Summary Judgement. Introduces exhibits (not scanned) for the above motion. (September 20, 1996) (ASCII text version.)

HTML/cohn2_decl.html

2nd Declaration of lead counsel Cindy Cohn, arguing against the Dept. of State's motion for Summary Judgement.Introduces exhibits (not scanned) for the above motion. (September 20, 1996) (HTML version.)

demberger.decl

James Demberger's declaration on how he was harassed by the State Department for posting his public domain VOTPCRYP program to sci.crypt. [Not scanned: Exhibits A-J, his correspondence with the State Department.] (ASCII text version.)

HTML/demberger_decl.html

James Demberger's declaration on how he was harassed by the State Department for posting his public domain VOTPCRYP program to sci.crypt. [Not scanned: Exhibits A-J, his correspondence with the State Department.] (HTML version.)

ellison.decl

Carl Ellison talks about how computer languages are used as human languages, how they have been published for decades in CACM, how they are used in scientific communication and art, and how scientific communication includes source code. [Not scanned: exhibits from CACM.] (ASCII text version.)

HTML/ellison_decl.html

Carl Ellison talks about how computer languages are used as human languages, how they have been published for decades in CACM, how they are used in scientific communication and art, and how scientific communication includes source code. [Not scanned: exhibits from CACM.] (HTML version.)

ginsparg.decl

Paul Ginsparg talks on the process of scientific publication on the Internet, such as his E-Print archives for preprints of research papers. Says how and why scientists include computer code in their publications. Includes two small programs for astrophysics as examples. (ASCII text version.)

HTML/ginsparg_decl.html

Paul Ginsparg talks on the process of scientific publication on the Internet, such as his E-Print archives for preprints of research papers. Says how and why scientists include computer code in their publications. Includes two small programs for astrophysics as examples. (HTML version.)

johnson.decl

Michael Paul Johnson's declaration about the civilian applications of crypto, the lack of a sharp line between algorithms and source code, and how ITAR-based interactions with NSA chilled his work on MPJ and Quicrypt and damaged his business. (ASCII text version.)

HTML/johnson_decl.html

Michael Paul Johnson's declaration about the civilian applications of crypto, the lack of a sharp line between algorithms and source code, and how ITAR-based interactions with NSA chilled his work on MPJ and Quicrypt and damaged his business. (HTML version.)

miller.decl

Lawrence Miller describes his attempts to do a small cryptographic student project, as a graduate student under Lance Hoffman. The export difficulties resulted in substantial and fruitless interactions with the State Department, followed by his taking an Incomplete in the course. (ASCII text version.)

HTML/miller_decl.html

Lawrence Miller describes his attempts to do a small cryptographic student project, as a graduate student under Lance Hoffman. The export difficulties resulted in substantial and fruitless interactions with the State Department, followed by his taking an Incomplete in the course. (HTML version.)

schneier.decl

Bruce Schneier discusses the basics of cryptography, its application in computers, the export controls, and cryptographers as scientists. [Missing some chunks of text.] (ASCII text version.)

HTML/schneier_decl.html

Bruce Schneier discusses the basics of cryptography, its application in computers, the export controls, and cryptographers as scientists. [Missing some chunks of text.] (HTML version.)

stallman.decl

Richard Stallman talks about human communication in computer languages, the evolution of programs that results from such communication, and the equivalance of online and print publication. (ASCII text version.)

HTML/stallman_decl.html

Richard Stallman talks about human communication in computer languages, the evolution of programs that results from such communication, and the equivalance of online and print publication. (HTML version.) version.)

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HTML (WWW) versions of these Bernstein case motion for summary judgement declarations and associated documents.

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