Today, our online communications, from personal emails to international commerce, are largely secured by encryption. This wasn't always the case. For years, the U.S. government regulated encryption like a weapon, leading to a pivotal legal challenge that reshaped digital liberties. ### The Battle for Encryption Rights The **Electronic Frontier Foundation (EFF)**, then a fledgling digital rights group, spearheaded a groundbreaking lawsuit: ***Bernstein v. Department of Justice***. This case challenged the government's classification of encryption as a munition, arguing it violated free speech rights. The lawsuit was led by **Cindy Cohn**, then a young pro bono lawyer for the **EFF**, who would later become its legal and executive director. Her efforts, alongside others, established a precedent that code is speech, protected by the First Amendment. ### "Privacy's Defenders" Podcast Unveils the Story The second episode of the podcast series "Privacy's Defenders" delves into this critical legal battle. It features interviews with key figures who fought to secure digital liberties before the internet was widely understood. In this episode, **Cindy Cohn** speaks with **Dan Bernstein**, a **Cal Berkeley** grad student who, in 1995, developed a simple encryption algorithm called "Snuffle." Federal law at the time required him to submit "Snuffle" for government review and obtain an arms dealer's license to publish it – a license the government had no intention of granting. Believing this infringed upon his free-speech rights, Bernstein sued, represented by Cohn and the **EFF**. Cohn also interviews **Tony Coppolino**, the Justice Department lawyer she faced in court. Coppolino offers a surprising perspective on the case years later, even admitting to being intimidated by Cohn from their first interaction. ### A Legacy of Digital Freedom The "Privacy's Defenders" podcast is a companion to Cohn's book, "Privacy's Defender: My Thirty-Year Fight Against Digital Surveillance," bringing to life pivotal moments in the voices of those who shaped our digital rights. If you're interested in the history of digital privacy and the fight for encryption, you can listen to the podcast: <iframe src="https://open.spotify.com/embed/show/4UAplFpPDqE4hWlwsjplgt" width="100%" height="232" frameBorder="0" allowtransparency="true" allow="encrypted-media"></iframe> The podcast was co-produced and created by **Joanne Elgart Jennings**, with co-production, mixing, and mastering by **Jarod Sport**. **Corinne Ruff** served as story editor, with additional help from **Rachel Estabrook** and **Alison Broverman**. Original music was composed and performed by **Nat Keefe** of **Hot Buttered Rum**, with **Ben Andrews** on the fiddle.