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Code is protected as free speech by the US Supreme Court. There’s no legal avenue by which you could prohibit someone from writing and publishing smart contract
by dcolkitt 4y ago
Code is protected as free speech by the US Supreme Court. There’s no legal avenue by which you could prohibit someone from writing and publishing smart contract code.
At best the most you could do is setup a legal barrier to deploying that code to a block chain. Even then, this is legally iffy, since deploying chain simply involves broadcasting a message to the network. Most likely the court would interpret this as a form of published speech protected by the First Amendment.
But even if not, you can still publish the smart contract code on GitHub and say “I sure hope no one outside my jurisdiction or an anonymous address takes this code and puts it on-chain.
- dinvlad 4y agoI'm not sure I agree with these points (although these are good insights). There are regulations that apply to code in other domains, like HIPAA/FedRAMP/banking compliance etc, so why cannot they be applied to blockchain providers as well?