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DennisPyesterday at 10:15 PM2 repliesview on HN

Maybe try google before making statements like that. The decision was Bernstein vs. US.

Prior to that, export controls prevented PGP source code from being exported from the US. Advocates printed it in books and exported those, which helped clarify the issue.

Bernstein was a math student who made his own encryption software. The government tried to make him register as an arms dealer, and he sued in 1996, with the backing of the EFF. The result was a landmark decision that established source code as free speech and basically destroyed export controls on cryptography.

In 2016, Apple cited the decision when the government tried to hack a suspect's phone, saying they couldn't be compelled to "speak" by writing code.


Replies

otterleyyesterday at 10:22 PM

It is you who needs to do your research. That was not PGP. The Bernstein case was about Snuffle.

In that very same case, the Ninth Circuit Court of Appeals said:

"We emphasize the narrowness of our First Amendment holding. We do not hold that all software is expressive. Much of it surely is not. Nor need we resolve whether the challenged regulations constitute content-based restrictions, subject to the strictest constitutional scrutiny, or whether they are, instead, content-neutral restrictions meriting less exacting scrutiny. We hold merely that because the prepublication licensing regime challenged here applies directly to scientific expression, vests boundless discretion in government officials, and lacks adequate procedural safeguards, it constitutes an impermissible prior restraint on speech."

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busterarmyesterday at 10:22 PM

That wasn't PGP, it was Snuffle.