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

http://www.eff.org/pub/Privacy/ITAR_export/Bernstein_case/Legal/960726_filing/
Last Updated Thu Mar 13 10:42:48 PDT 2003

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abelson_decl.html
Hal Abelson's declaration about computer programs as a medium of expression.
appel_decl.html
Andrew Appel's declaration about the academic process of publication and critique of papers and software (both online and on paper).
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.
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.
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.
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. (ASCII text version.)
cohn1_decl.html
Declaration of lead counsel Cindy Cohn, arguing against the Dept. of State's motion for Summary Judgement. (ASCII text version.)
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) (ASCII text version.)
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.]
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.]
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
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.
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.
motion_notice.html
The motion itself (most of which is quoted above), and a listing of all the papers filed with it.
partsj_motion.html
The legal brief that argues in detail how the ITAR Scheme is unconstitutional.
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.]
service_proof.html
Proof that legal papers were sent to the Defendants.
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.
tien_decl.html
Lawyer Lee Tien's declaration authenticates various documents relating to cryptography export, that he received after Freedom of Information requests or from the National Research Council.
zimmermann_decl.html
Phil Zimmermann discusses the criminal investigation pursued against him for crypto export, the history of computers and crypto, the PGP source code book, MIT Press's interactions with the State Department, and how PGP is used by human rights organizations worldwide. [Not included: email message exhibits.]



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