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  • Sources: 5
  • Relationships: 7
  • Research debt items: 2
  • Last verified: 2026-06-25

Cindy Cohn

Summary

Cindy Cohn is an American civil liberties attorney specializing in internet law who served as executive director of the Electronic Frontier Foundation from 2015 to 2026 and was lead attorney in Bernstein v. DOJ, the landmark First Amendment challenge to cryptography export restrictions. After departing EFF in June 2026, she announced plans to return to courtroom litigation.

Verified Facts

  • The official EFF biography (archived) states Cohn first became involved with EFF in 1993, when EFF asked her to serve as the outside lead attorney in Bernstein v. Dept. of Justice.
  • Bernstein v. DOJ was the successful First Amendment challenge to U.S. export restrictions on cryptography, which the EFF describes as a "landmark case that established code as speech and changed United States export regulations on encryption software, paving the way for international e-commerce."
  • The court ruled that export control laws on encryption violated Bernstein's First Amendment rights by prohibiting his constitutionally protected speech, leading to regulatory changes that made it easier to publish encryption software online without U.S. government approval.
  • Cohn became EFF's legal director in 2000.
  • As legal director, she spearheaded EFF's lawsuits challenging the NSA's mass surveillance programs, including Jewel v. NSA, First Unitarian Church v. NSA, and Hepting v. AT&T.
  • Jewel v. NSA (filed 2008) was ultimately rejected by the Supreme Court in June 2022 without a ruling on the merits, dismissed on state secrets grounds. No court ever ruled on whether the mass surveillance violated constitutional or statutory law.
  • The Hepting v. AT&T case ended after Congress passed the FISA Amendments Act granting retroactive immunity to telecommunications companies.
  • She served as Executive Director from 2015 to June 1, 2026.
  • EFF announced in September 2025 that Cohn would step down by mid-2026 after more than 25 years with the organization.
  • Nicole Ozer was announced as her successor in March 2026, effective June 1.
  • After departing EFF, Cohn announced plans to return to courtroom litigation.
  • She has been named one of the 100 most influential lawyers in America.
  • Cohn is a graduate of the University of Michigan Law School.
  • Prior to joining EFF, she was a civil litigator in private practice handling technology-related cases for 10 years.
  • She is the author of "Privacy's Defender" published by MIT Press in March 2026.
  • Her archived EFF bio also documents work on CFAA reform, electronic voting security, DMCA 512(f) misuse (OPG v. Diebold), and the Sony BMG DRM case.

Historical Context

Cohn's career at EFF spans the major digital rights battles of the internet era. She established the code-as-speech doctrine (Bernstein), fought mass surveillance (NSA cases), defended encryption rights, and advocated for CFAA reform after the Aaron Swartz case. Her departure in June 2026 marks the end of an era at EFF, though her announced return to courtroom litigation suggests continued involvement in digital rights cases.

Relevance to Open Source and Software Companies

Cohn's successful litigation in Bernstein v. DOJ established that source code is protected speech under the First Amendment, directly benefiting all software companies and developers. The ruling led to regulatory changes that enabled open source encryption software to be published internationally, paving the way for modern internet commerce and secure communications. Her return to courtroom litigation after departing EFF may provide a direct contact path for software companies facing constitutional challenges.

Relationships

Sources

Research Debt

  • Verify whether Cohn has established a new practice or affiliation since June 2026.
  • Add detail on her CFAA reform work after Aaron Swartz.