Justice Wins Appeal in Bernstein Case

Posted 5/14/08

In March, the Justice Department will have another chance to argue that U.S. encryption export controls are in fact constitutional--a case that it failed to make after a federal three-judge panel in May ruled in favor of Professor Daniel Bernstein, who maintained that the controls amount to prior restraint of free speech. The Clinton administration can help its lawyers by fashioning a Constitution-friendly encryption decontrol, which is scheduled for release by Dec. 15.

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