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Short Take: Landmark crypto ruling appealed by DOJ

The Justice Department has appealed a Ninth Circuit decision that the federal government's restrictions on the export of encryption are unconstitutional under the First Amendment because software code is a language. The appeal challenges a ruling that upholds a lower-court decision in favor of Daniel Bernstein, a University of Illinois math professor who wanted to post crypto code on his Web site as part of a course he teaches.

The has appealed a Ninth Circuit decision that the federal government's restrictions on the export of encryption are unconstitutional under the First Amendment because software code is a language. The appeal challenges a ruling that upholds a lower-court decision in favor of Daniel Bernstein, a University of Illinois math professor who wanted to post crypto code on his Web site as part of a course he teaches.