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''Junger v. Daley'' is a court case brought by Peter Junger challenging restrictions on the
export An export in international trade is a good produced in one country that is sold into another country or a service provided in one country for a national or resident of another country. The seller of such goods or the service provider is a ...
of
encryption In Cryptography law, cryptography, encryption (more specifically, Code, encoding) is the process of transforming information in a way that, ideally, only authorized parties can decode. This process converts the original representation of the inf ...
software Software consists of computer programs that instruct the Execution (computing), execution of a computer. Software also includes design documents and specifications. The history of software is closely tied to the development of digital comput ...
outside of the
United States The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...
. The case was first brought in 1996 (as ''Junger v. Christopher''), when Junger was a professor at
Case Western Reserve University Case Western Reserve University (CWRU) is a Private university, private research university in Cleveland, Ohio, United States. It was established in 1967 by a merger between Western Reserve University and the Case Institute of Technology. Case ...
and wanted to teach a class on
computer law Information technology law (IT law), also known as information, communication and technology law (ICT law) or cyberlaw, concerns the juridical regulation of information technology, its possibilities and the consequences of its use, including comp ...
. Because of the restrictions, he was unable to accept non-US citizens into his class. Following a district court victory in the ''
Bernstein v. United States ''Bernstein v. United States'' was a series of court cases filed by Daniel J. Bernstein, then a mathematics Ph.D. student at the University of California, Berkeley, challenging U.S. government restrictions on the export of cryptographic sof ...
'' case on the same matter, Junger amended his complaint to ask for an injunction on enforcement of the regulations prohibiting his publication of encryption course materials on the Internet. On appeal, the Sixth Circuit held that
software Software consists of computer programs that instruct the Execution (computing), execution of a computer. Software also includes design documents and specifications. The history of software is closely tied to the development of digital comput ...
source code In computing, source code, or simply code or source, is a plain text computer program written in a programming language. A programmer writes the human readable source code to control the behavior of a computer. Since a computer, at base, only ...
is protected by the First Amendment.


See also

* Export of cryptography * ''
Bernstein v. United States ''Bernstein v. United States'' was a series of court cases filed by Daniel J. Bernstein, then a mathematics Ph.D. student at the University of California, Berkeley, challenging U.S. government restrictions on the export of cryptographic sof ...
''


References

* ''Junger v. Daley'', 8 F. Supp. 2d 708 (N.D. Ohio 1998) (district court opinion ruling against Junger) * ''Junger v. Daley'', 209 F.3d 481 (6th Cir. 2000) (Appellate court opinion that encryption code is protected by the First Amendment)


External links

* Cryptography case law United States Internet case law {{Cryptography-stub