From EFF:

The underlying legal ideas stretch back to one of EFF’s earliest major legal victories. Twenty years ago, in Bernstein v. U.S. Department of Justice, a judge articulated that code is speech inrejecting so-called export restrictions on code that implements cryptographic protocols. Daniel Bernstein, a mathematics Ph.D. student, wanted to publish source code for a program to run an algorithm he developed. He objected to the State Department classification of his code as a “munition” and, with EFF’s help, sued to establish his First Amendment right to publish the code without arbitrary restrictions outlined in the International Traffic in Arms Regulations (ITAR) and other laws—restrictions that included registering as an arms dealer and submitting the code for governmental review.

Read EFF’s full amicus brief here.