Bernstein v. DOJ ruling holds encryption code is protected speech

What happened

The federal court ruled in Bernstein v. Department of Justice that code is speech protected by the First Amendment. The decision established a legal precedent that underpins modern internet privacy and security. The case arose after Dan Bernstein was forced to seek a license to publish his encryption algorithm.

Why it matters for trust and compliance

• Its status is decided. The case has an outcome that others may cite.
• The ruling secures encryption as protected speech, shaping privacy and security law for developers and users.

Who is affected

Recommended actions

1. Check that privacy notices describe the practices this addresses.
2. Map the security requirements to existing controls and close gaps.