From Epic Alert 2.03: ======================================================================= [6] Activist Files Suit to Overturn Export Controls ======================================================================= 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