EFF Podcast Highlights Encryption’s Role in Privacy and Security
EFF’s Privacy's Defenders podcast spotlights encryption’s essential role in privacy and security.
Why it matters: Legal professionals in cybersecurity and privacy sectors gain key insights into encryption’s legal and policy framework, which underpins secure commerce and personal communication amid rising digital surveillance.
- EFF released the second episode of its Privacy's Defenders podcast titled 'No Privacy Without Encryption' on October 13, 2026.
- The podcast covers the 1995 Bernstein v. Department of Justice case, where encryption was classified as a munition, restricting its publication.
- Daniel Bernstein sued the U.S. government for First Amendment violations after they limited his encryption algorithm publication.
- The Bernstein ruling established that code is speech protected under the First Amendment, a precedent supporting secure internet communications.
The Electronic Frontier Foundation (EFF) released the second episode of its Privacy's Defenders podcast on October 13, 2026, titled “No Privacy Without Encryption.” This episode delves into the landmark 1995 case Bernstein v. Department of Justice, which set a foundational precedent for digital privacy rights.
At the heart of the episode is UC Berkeley graduate student Daniel Bernstein’s challenge to the U.S. government’s classification of encryption as a munition. The government had restricted the publication of Bernstein’s encryption algorithm "Snuffle," claiming it posed national security risks. Bernstein argued these restrictions violated his First Amendment right to free speech.
EFF’s pro bono lawyer Cindy Cohn represented Bernstein, leading to a ruling that code is a form of speech protected by the First Amendment. As Josh Richman of EFF explained, “The ruling in Bernstein v. Department of Justice held that code is speech and so is protected by the First Amendment – a precedent that underpins the internet as we know it today.”
The podcast emphasizes encryption’s crucial role in converting readable data into unintelligible form to safeguard privacy and security. This legal foundation has become essential for secure international commerce, personal communications, and digital rights in an era of expanding surveillance.
The Privacy's Defenders podcast series continues the conversation from Cindy Cohn’s book, Privacy's Defender: My Thirty-Year Fight Against Digital Surveillance, providing legal professionals with historic and policy perspectives on encryption’s role in protecting digital privacy.