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seethishat | 3 months ago
While a graduate student at the University of California at Berkeley, Bernstein completed the development of an encryption equation (an "algorithm") he calls "Snuffle." Bernstein wishes to publish a) the algorithm (b) a mathematical paper describing and explaining the algorithm and (c) the "source code" for a computer program that incorporates the algorithm. Bernstein also wishes to discuss these items at mathematical conferences, college classrooms and other open public meetings. The Arms Export Control Act and the International Traffic in Arms Regulations (the ITAR regulatory scheme) required Bernstein to submit his ideas about cryptography to the government for review, to register as an arms dealer, and to apply for and obtain from the government a license to publish his ideas. Failure to do so would result in severe civil and criminal penalties. Bernstein believes this is a violation of his First Amendment rights and has sued the government.
After four years and one regulatory change, the Ninth Circuit Court of Appeals ruled that software source code was speech protected by the First Amendment and that the government's regulations preventing its publication were unconstitutional.
Source https://www.eff.org/cases/bernstein-v-us-dept-justice
basilgohar|3 months ago
matheusmoreira|3 months ago
The whole world ignores the principles out of convenience. Principles are thrown out the window at the first sign of adversity. People get rich by corrupting and violating principles. It seems like despite all efforts the corrupting forces win anyway. I have no idea how these people find the willpower to keep fighting literal government agencies.
tptacek|3 months ago
aa-jv|3 months ago
I was immediately star-struck, and without even thinking about it, called him up - not really expecting an answer.
He answered, and I was suddenly lost for words. What the heck was I calling him for? I told him, sorry, I just wanted to see if that phone number was real, and whether or not he was really so accessible to the general public to discuss crypto things.
He was very cordial, said yes indeed he enjoyed hearing from people who had constructive ideas about his work, and what was I really interested in. I glibly told him, I was just really testing the phone number - how did he feel about being so contactable - and he replied he had no problem with it whatsoever, and thanks for my call. I stupidly tried to explain to him how important it all was, and bumbled my way out of the call .. and I still, decades later, distinctly remember his chuckle as he put the receiver down on the other end ..
ants_everywhere|3 months ago
> This time, he chose to represent himself, although he had no formal legal training. On October 15, 2003, almost nine years after Bernstein first brought the case, the judge dismissed it....
https://en.wikipedia.org/wiki/Bernstein_v._United_States
AnthonyMouse|3 months ago
To be more specific, the government broke out their get out of court free card and claimed they weren't threatening to prosecute him even though they created a rule he was intending to violate. It's a dirty trick the government uses when they're afraid you're going to win so they can get the case dismissed without the court making a ruling.
unknown|3 months ago
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