← Back to context

Comment by seethishat

4 days ago

For context, djb has been doing and saying these things since he was a college student:

    While a graduate student at the University of California at Berkeley, Bernstein completed the development of an encryption equation (an "algorithm") he calls "Snuffle." Bernstein wishes to publish a) the algorithm (b) a mathematical paper describing and explaining the algorithm and (c) the "source code" for a computer program that incorporates the algorithm. Bernstein also wishes to discuss these items at mathematical conferences, college classrooms and other open public meetings. The Arms Export Control Act and the International Traffic in Arms Regulations (the ITAR regulatory scheme) required Bernstein to submit his ideas about cryptography to the government for review, to register as an arms dealer, and to apply for and obtain from the government a license to publish his ideas. Failure to do so would result in severe civil and criminal penalties. Bernstein believes this is a violation of his First Amendment rights and has sued the government. 

    After four years and one regulatory change, the Ninth Circuit Court of Appeals ruled that software source code was speech protected by the First Amendment and that the government's regulations preventing its publication were unconstitutional. 

Source https://www.eff.org/cases/bernstein-v-us-dept-justice

djb has earned my massive respect for how consistent he's been in this regard. I love his belligerence towards authoritarian overreach in this regard. Him, Phil Zimmermann, Richard Stallman, and all are owed great respect for their insistence on their principles which have paid massive dividends to all of us through the freedom and software that has been preserved and become possible through them. I appreciate them immensely and I think we all owe them a debt of gratitude for their sacrifices, because they all paid a heavy price for their advocacy over time.

  • Massive respect from me as well. Insisting on principles is extremely tiring and demoralizing. Doing the right thing constantly requires some serious sacrifice.

    The whole world ignores the principles out of convenience. Principles are thrown out the window at the first sign of adversity. People get rich by corrupting and violating principles. It seems like despite all efforts the corrupting forces win anyway. I have no idea how these people find the willpower to keep fighting literal government agencies.

  • Once, back in the woolly days of the Internet and before crypto became a household name, Wired magazine published an article about Phil Zimmermans' work .. and included his phone number at the end of the article, for some strange reason.

    I was immediately star-struck, and without even thinking about it, called him up - not really expecting an answer.

    He answered, and I was suddenly lost for words. What the heck was I calling him for? I told him, sorry, I just wanted to see if that phone number was real, and whether or not he was really so accessible to the general public to discuss crypto things.

    He was very cordial, said yes indeed he enjoyed hearing from people who had constructive ideas about his work, and what was I really interested in. I glibly told him, I was just really testing the phone number - how did he feel about being so contactable - and he replied he had no problem with it whatsoever, and thanks for my call. I stupidly tried to explain to him how important it all was, and bumbled my way out of the call .. and I still, decades later, distinctly remember his chuckle as he put the receiver down on the other end ..

That was when he had the legal expertise of the EFF to help him make his case. Later he decided to represent himself in court and failed

> This time, he chose to represent himself, although he had no formal legal training. On October 15, 2003, almost nine years after Bernstein first brought the case, the judge dismissed it....

https://en.wikipedia.org/wiki/Bernstein_v._United_States

  • > Later he decided to represent himself in court and failed

    To be more specific, the government broke out their get out of court free card and claimed they weren't threatening to prosecute him even though they created a rule he was intending to violate. It's a dirty trick the government uses when they're afraid you're going to win so they can get the case dismissed without the court making a ruling.