Bernstein v. US Dept. of State (Bernstein III) 974 F. Supp. 1288 (N.D. Cal. 1997)(Bernstein III)

Tags: 1990s Amendment I Bernstein Case Law Crypto Wars Export Controls

Authors: Patel, Marilyn Hall

Published: August 1997

URL: https://law.justia.com/cases/federal/district-courts/FSupp/974/1288/1451176/

Abstract: As a mathematics and cryptography PhD student at Berkeley, Daniel Bernstein developed an encryption method he called “Snuffle.” Bernstein sued for declaratory judgment upon being informed by the State Department that his paper, program, and its instructions required licensing as a munition under the International Traffic in Arms Regulations, as well as for an injunction prohibitng enforcement under ITAR and the Arms Export Control Regulations on First Amendment grounds. The case progressed through three district court decisions and two Ninth Circuit decisions, and ultimately held that code is speech for First Amendment purposes.

In Bernstein III, Judge Patel found the challenged encryption regulations unconstitutional and granted an injunction against their enforcement upon Bernstein or anyone else for their interaction with Snuffle. However, she granted the defendants motion to stay the injunction pending appeal, and the case proceeded to the Ninth Circuit.