The Bernstein Decisions

This page contains links to the following three legal documents:

1. Click here for the full text of the April 15, 1996 ruling by United States District Judge Marilyn Hall Patel that "...source code is speech for the purpose of the First Amendment ..." and thereby is constitutionally protected.

2. Click here for the full text of the December 9, 1996 ruling by United States District Judge Marilyn Hall Patel that "...this court concludes that the ITAR licensing scheme of cryptographic software is subject to all three procedural safeguards. Because it fails to provide for a time limit on the licensing decision, for prompt judicial review and for a duty on the part of the ODTC to go to court and defend a denial of a license, the ITAR licensing system as applied to Category XIII(B) acts as an unconstitutional prior restraint in violation of the First Amendment."

3. Because this case involves fundamental constitutional rights, your might want to read the Bill of Rights of the U.S. Constitution.

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Copyright © 1996 Cryptosystems Journal.

Most recent update on 28-DEC-96.