“Bernstein case ruling could mean the end of crypto export
restrictions. But don’t hold your breath.”
“Bernstein’s victory suggests that these laws are no longer
valid. But lawyers familiar with the case say that federal
regulations governing encryption exports will in all likelihood
remain in effect until the U.S. Supreme Court takes up the issue,
as is widely expected.”
“The author of the Appeals Court’s majority opinion, Senior
Judge Betty Fletcher, made it clear that she believed code to be
free speech — instead of merely a tool, as the Department of
Commerce argued — that should enjoy all the First Amendment
protections that language enjoys.”