CINDY A. COHN, ESQ.; SBN 145997
McGLASHAN & SARRAIL
Professional Corporation
177 Bovet Road, Sixth Floor
San Mateo, CA 94402
Tel: (415) 341-2585
Fax: (415) 341-1395
LEE TIEN, ESQ.; SBN 148216
1452 Curtis Street
Berkeley, CA 94702
Tel: (510) 525-0817
ROBERT CORN-REVERE, ESQ.
JEREMEY B. MILLER, ESQ.
JULIA F. KOGAN, ESQ.
Hogan & Hartson, L.L.P.
555 Thirteenth Street, N.W.
Washington, D.C. 20008
Tel: (202) 637-5000
Attorneys for Plaintiff
Daniel J. Bernstein
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
DANIEL J. BERNSTEIN )
) C 95-00582 MHP
Plaintiff, )
) DECLARATION OF
v. ) DANIEL J. BERNSTEIN
) IN SUPPORT OF PLAINTIFF'S
) MOTION FOR PRELIMINARY
UNITED STATES DEPARTMENT OF ) INJUNCTION
STATE et al., )
) Date: November 8, 1996
Defendants ) Time: 10:30
) Judge: Hon Marilyn Hall Patel
_________________________________________)
I, Daniel J. Bernstein, declare:
1. I am the Plaintiff in the above-entitled action. I currently
reside in Chicago, Illinois. The facts stated herein are known to me of my
own personal knowledge; if called upon to testify thereon, I could and
would competently do so. To assist the Court, this Declaration includes
some of the facts which I have stated previously in my Declaration in
Support of Plaintiff's Motion for Partial Summary Judgment and Summary
Adjudication of Issues.
2. I am currently a Research Assistant Professor in the Department
of Mathematics, Statistics, and Computer Science at the University of
Illinois at Chicago.
3. I have been asked by my employer, the University of Illinois at
Chicago, to teach an undergraduate course in the science of cryptography
during the Spring 1997 semester which begins in January, 1997.
Teaching Goals
4. Cryptography is an applied subject. The fundamental goal of my
course is for the students to understand how to use encryption to protect
information.
5. To understand how to use encryption, the students must become
familiar with the most important published work in cryptography. I will
show the students several published cryptographic algorithms, including
DES and RSA, and several published implementations of cryptographic
algorithms, including PGP.
6. When I give an algorithm to my students, I may express it in English,
in mathematical formulas, or in source code. This choice is based on many
factors, including the type of lesson being demonstrated, the precision
with which the algorithm needs to be expressed, and the use which will be
made of it. I expect my students to evaluate the same factors when they
express algorithms.
7. Modern encryption methods are intolerably slow when performed by
hand. My students must learn how to enlist the help of a computer:
selecting algorithms that can be performed efficiently by computers,
expressing those algorithms in languages that computers can understand,
and making the results work in practice.
8. I will not limit my teaching to ideas that are "commonly taught";
many commonly taught ideas in cryptography are wrong. For example, it is
widely believed that public-key cryptography is slow, even with the help
of a computer. I have written an extremely fast encryption package,
dh227, that dispels this myth. I will give dh227 to my students and show
them how it dodges the previous speed barrier. Inside dh227 is SEOC, a
successor to Snuffle; I will analyze both Snuffle and SEOC and explain the
changes I made in Snuffle's design. To my knowledge, none of this material
has been taught before.
9. I will not limit my teaching to previously published work. For
example, dh227 has not yet been published. I have kept it secret out of
fear of the ITAR Scheme.
Course Materials Distribution
10. I plan to put my course materials and homework assignments,
including Snuffle 5.0, on the Internet at the University of Illinois World
Wide Web site for convenient access by my students. I have found that
distribution of source code and related course materials through a central
electronic location such as an Internet site is easier, more efficient and
less costly than distributing course materials on paper or through handing
out of computer disks.
11. The University of Illinois' World Wide Web site is not limited
to students. Like the University library, it is open to any person. After
I put my course materials onto the site, they will be available over the
Internet to any person who wishes to see them, as are the handouts from a
graduate mathematics course that I taught in the Fall, 1995 semester.
Attached hereto as Exhibit A is a true and correct copy of one of the
World Wide Web pages from my Fall 1995 course.
Teaching Methodology
12. I firmly believe that understanding comes from examples. It
is very difficult to give realistic examples of cryptography on a
blackboard. I will expect my students to obtain cryptographic
software--including source code, instructions for using the code, and
descriptions of the algorithms involved--from the class Internet site, and
to use this software to see how cryptographic theory translates into
practice.
13. I have not yet finalized my course outline. However, as part
of the process described above, I presently expect to have students who
will download, compile and use the source code for PGP, DES, Snuffle 5.0,
my new software called dh227 and others. I anticipate that some of the
source code, algorithms and technical information I will ask them to use
will be already-published materials and some will not.
14. I will allow students to obtain partial course credit by
writing their own cryptographic software.
Scientific Exchange
15. I intend to discuss course materials with my peers and
colleagues around the world to obtain feedback that may help my students.
16. In order to prepare for my courses, I often consult informally
with other professors and researchers on the topic to be taught, many of
whom are not US persons under the ITAR Scheme. For example, I would like
to immediately discuss dh227 with Peter Gutmann. Mr. Gutmann, who I
believe is a citizen and resident of New Zealand, is an active
cryptographer with extensive experience in practical cryptography,
especially the kinds of methods I have used in dh227.
Teaching Materials and Outline
17. I've already begun to assemble the appropriate materials, but
I do not expect to be finished with course preparations before January,
1997. Furthermore, I expect to adapt my course plans during the semester
to match student interests. Thus, it is impossible for me to state
definitively what I will teach.
Foreign Students
18. I do not check the citizenship of my students, nor do I take
attendance in my classes.
19. From my experience at the university, I expect that some of my
students will be foreign persons as defined in the ITAR Scheme. I do not
discriminate against noncitizens in my classroom.
20. I also expect that some students will attend my lectures
without registering for the course. Class lists will not be finalized
until after the course begins.
21. I also anticipate that some of my students will take their
course notes, course materials, software, and other course-related items
out of the country, and that some will discuss them with foreign persons.
Fear of Prosecution
22. Given my understanding of the terms and text of the ITAR and
my knowledge of how it has been applied to me and others by Defendants, I
am fearful that I will be criminally prosecuted or subject to civil
penalties for the acts described above which I plan to undertake as part
of preparation for and teaching of this cryptography course.
23. At this point, if this injunction is not granted, I am not
sure that I will still teach the course. I believe my career will suffer
adversely if I decline to teach this course.
24. If the injunction is not granted and I decide to risk
prosecution to teach this course, I will certainly modify the course. For
example, I will probably not teach the full range of methodologies I now
plan to and will restrict the readings, assignments and projects in order
to minimize the students' and my own risk of prosecution. I believe the
course will suffer as a result.
25. On July 3, 1996, my attorney sent a letter to Defendants'
counsel seeking a stipulation to ensure that neither I nor my students
would be prosecuted or subject to civil penalties as a result of my
teaching and scientific exchange activities. A true and correct copy of
that letter is attached hereto as Exhibit B.
26. On July 25, 1996, Mr. Lowell of the State Department
responded to my attorney's letter. Mr. Lowell did not, however, respond
to our request for a stipulation. A true and correct copy of that letter
is attached hereto as Exhibit C.
I declare under penalty of perjury that the foregoing is true and
correct and that this Declaration was signed in Chicago, Illinois.
Date:
Daniel J. Bernstein