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The Bernstein Cryptography Case Is Dismissed
From: Dave Farber <dave () farber net>
Date: Wed, 15 Oct 2003 17:41:19 -0400
Delivered-To: dfarber+ () ux13 sp cs cmu edu Date: Wed, 15 Oct 2003 17:19:29 -0400 From: "Peter D. Junger" <junger () samsara law cwru edu> Subject: The Bernstein Cryptography Case Is Dismissed To: Dave Farber <dave () farber net> For IP if you consider it suitable. This inconclusive ending of the Bernstein case is a consequence of the government's policy in cases where there are first amendment challenges to restrictions on the publication of software to claim that they have no intention of enforcing the law as it is written and thus getting the cases dismissed as moot. The end result is that, though Bernstein had originally won in both the District Court and the 9th Circuit and I lost my later-filed case involving much the same issues---Junger v. Daley---in the federal District Court for the Northern District of Ohio, it is the 6th Circuit Court of Appeal's decision reversing the District Court's decision in Junger v. Daley that is the leading case holding that computer programs are speech that is protected by the First Amendment. In the Bernstein case, when the government amended the regulations forbidding the publication of computer programs, the 9th Circuit Court of Appeals withdrew its earlier opinion in Bernstein's favor and remanded the case to the district court, where the government claimed that they would not enforce the restrictions on cryptography against Dan Bernstein. In my case, on the other hand, the 6th Circuit Court of Appeals reversed the District Court's holding that the First Amendment does protect those who would publish software and then remanded the case to the District Court for further proceedings. At that point, rather than risking our victory in the 6th Circuit, we settled my case, even though the new regulations were---and are---constitutionally questionable. Although my case is now the leading case holding that publishing software is protected by the First Amendment, I do not believe that we would have had our success without the efforts of Dan Bernstein and his lawyers from the Electronic Freedom Foundation. ------- Forwarded Message From: "D. J. Bernstein" <press-20031015 () box cr yp to> To: export () list cr yp to Subject: Crypto Case On Indefinite Hold PRESS RELEASE Contact: Daniel J. Bernstein, press-20031015 () box cr yp to CRYPTO CASE ON INDEFINITE HOLD Chicago, 15 October 2003 - The longest-running court case against the government's encryption regulations has come to an end, for now. The regulations were challenged by Daniel J. Bernstein, a professor of mathematics, statistics, and computer science at the University of Illinois at Chicago. Bernstein filed his lawsuit in February 1995 and won four court decisions against the constitutionality of the government's previous regulations. In an October 2002 court hearing on the current encryption regulations, Department of Justice attorney Tony Coppolino told the court that the government would not enforce several portions of the regulations. ``I can assure you that the regulatory authority does not want [researchers who are collaborating at conferences] sending us an e-mail every time they change something in an algorithm,'' Coppolino told the court. Coppolino also said that commmercial book publishers and assembly-language publishers did not need to obtain licenses. As observers predicted after the hearing, Chief Judge Marilyn Hall Patel of the United States District Court for the Northern District of California relied on the government's promises and dismissed Bernstein's case without deciding the constitutionality of the current regulations. ``If and when there is a concrete threat of enforcement against Bernstein for a specific activity, Bernstein may return for judicial resolution of that dispute,'' Patel wrote, after citing Coppolino's ``repeated assurances that Bernstein is not prohibited from engaging in his activities.'' ``I hope the government sticks to its promises and leaves me alone,'' Bernstein said in a statement today acknowledging Patel's decision. ``But if they change their mind and start harassing Internet-security researchers, I'll be back.'' - -30- ------- End of Forwarded Message ------------------------------------- You are subscribed as interesting-people () lists elistx com To manage your subscription, go to http://v2.listbox.com/member/?listname=ip Archives at: http://www.interesting-people.org/archives/interesting-people/
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- The Bernstein Cryptography Case Is Dismissed Dave Farber (Oct 15)