Regulatory Watch  /  United States (federal)  /  Court ruling
Moderate impactCourt rulingDecided

Bernstein v. DOJ ruling holds encryption code is protected speech

The podcast notes that the 1995 case Bernstein v. Department of Justice held that code is speech protected by the First Amendment. This precedent underpins modern internet privacy and encryption. The case was brought by Dan Bernstein with representation by the Electronic Frontier Foundation.

Why it matters: The decision established that encryption software is protected speech, shaping digital privacy and encryption policy.

Summary generated from the sources below. Check the primary source before relying on it; this is not legal advice.

Sources
Privacy's Defenders Podcast: No Privacy Without Encryption
EFF updates · primary source · Oct 13, 2026
Details
JurisdictionUnited States (federal)
RegulatorCPPA
CourtU.S. District Court
LawCalifornia Delete Act
StatusDecided
PublishedOctober 13, 2026
Effectivenot stated
OrganisationsElectronic Frontier Foundation, Department of Justice
Topicsprivacy, cybersecurity