Bernstein v. United States
Bernstein v. United States is the ongoing court case brought by
Professor Bernstein challenging restrictions on publication of encryption material. First brought in
1995, the court case won a landmark decision from the
United States Court of Appeals for the Ninth Circuit that
software was speech protected by the
First Amendment and that the governments regulations preventing its publication were unconstitutional. The government modified the regulations, substantially loosening them, and Bernstein is back in district court challenging them again. This time, he chose to represent himself, although he has no formal legal training. On October 15,
2003, almost nine years since Bernstein first brought the case, the judge dismissed it and asked Bernstein to come back when the government made a "concrete threat".
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