Privacy's Defenders Podcast: No Privacy Without Encryption
When we communicate online today – from your personal emails and DMs to secure international commerce – we usually do so with encryption. Encryption converts readable data into unreadable gibberish to protect our privacy and security. This didn’t just happen organically. Three decades ago, the U.S government treated encryption like a weapon, and it took some unlikely heroes to set it free: a grad…
In today's digital age, we rely on encryption to secure our communications and protect our privacy. However, the concept of encryption didn't arise spontaneously; rather, it was the result of a significant legal battle. Three decades ago, the U.S government viewed encryption as a weapon, and it was only through the efforts of a few determined individuals that encryption was set free.
These individuals included a graduate student, a junior lawyer, and a fledgling digital rights organization that took the federal government to court. The case, Bernstein v. Department of Justice, established that code is speech and is therefore protected by the First Amendment, a principle that forms the foundation of the internet as we know it today.
This pivotal decision was spearheaded by Cindy Cohn, a young lawyer working pro bono for the Electronic Frontier Foundation (EFF), who later became the organization's legal director and executive director. "Privacy's Defenders," a podcast exploring the individuals who have fought to safeguard digital liberties since before most people were even familiar with the internet, is the second episode hosted by Cindy Cohn.
Cindy speaks with Dan Bernstein, the Berkeley graduate student who developed a simple encryption algorithm called "Snuffle" during his time as a student. Bernstein faced federal law's classification of encryption as a weapon, which required him to submit Snuffle to the government for review, obtain a license akin to an arms dealer, and receive a license that the government had no intention of granting.
Bernstein saw this as a violation of his free speech rights and took legal action, represented by Cindy and the EFF. Additionally, Cindy speaks with Tony Coppolino, a Justice Department lawyer who represented the federal government in the case. Despite her intimidating approach during their initial phone call, Coppolino offers a unique perspective on the case years later.
The "Privacy's Defenders" podcast, with new episodes released every other Tuesday, is a continuation of Cindy's book, "Privacy's Defender: My Thirty-Year Fight Against Digital Surveillance," bringing to life the pivotal moments in the voices of those who championed your digital rights. Sales of "Privacy's Defender" support EFF, so consider purchasing a copy today.
Joanne Elgart Jennings co-produced and created this podcast, with Jarod Sport handling production, mixing, and mastering, while Corinne Ruff served as the story editor. Additional contributions were made by Rachel Estabrook and Alison Broverman, and the original music was composed and performed by Nat Keefe of Hot Buttered Rum, accompanied by Ben Andrews on the fiddle.
Written by urgent.news from EFF Deeplinks's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
