Cryptographic export

From Epic Alert 2.03:

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[6] Activist Files Suit to Overturn Export Controls
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A graduate student in mathematics at the University of California at
Berkeley has filed suit in federal court seeking to invalidate
government restrictions on the export of encryption technology.  The
plaintiff, Daniel Bernstein, developed "The Snuffle Encryption System"
and was subsequently advised by the State Department that an export
license was required under the International Traffic in Arms
Regulations (ITAR).  In September 1993, Bernstein appealed that
determination and, to date, has not received a response from the State
Department.  Critics have long maintained that the ITAR process
inhibits the development and dissemination of privacy-enhancing
encryption technology.

Bernstein alleges in his lawsuit that his "scientific paper, algorithm
and computer program are speech protected by the First Amendment to
the United States Constitution."  The suit further alleges that "The
statutes, regulations, policies and conduct of Defendants cause a
chilling effect on the exercise of First Amendment rights to speak, to
publish, to engage in academic inquiry and study and to receive items
from Plaintiff and other persons similarly situated, preventing
important matters of concern to mathematicians, scientists, the
commercial community, and the public from being openly discussed."
Named as defendants are the State Department, Defense Department,
Commerce Department, National Security Agency and several officials of
those agencies.  A San Mateo attorney has taken the case on a pro bono
basis.  The Electronic Frontier Foundation is paying for some
litigation-related expenses.

Lenny Foner
Last modified: Wed May 17 21:45:34 1995