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When Daniel Bernstein sued the government, he settled the question over whether code is protected by 1A. It is. Publishing cryptographic algorithms, publishing
by AmericanChopper 7y ago
When Daniel Bernstein sued the government, he settled the question over whether code is protected by 1A. It is. Publishing cryptographic algorithms, publishing ciphertext, and privately recording ciphertext are all constitutionally protected rights. Given the right circumstances the government may search your property to recover that ciphertext, or intercept it in some way, but if they are unable to find the keys, you also have a constitutionally protected right to not provide them.
If you think the government should have the right to regulate speech via ciphertext, then that would require a constitutional amendment.