3 ms·
The full opinion[1] is a good read to see the full reasoning how source code is free speech. The key conclusion: > Thus, cryptographers use source code to expr
by twright 4y ago
The full opinion[1] is a good read to see the full reasoning how source code is free speech. The key conclusion:
> Thus, cryptographers use source code to express their scientific ideas in much the same way that mathematicians use equations or economists use graphs. [...] In light of these considerations, we conclude that encryption software, in its source code form and as employed by those in the field of cryptography, must be viewed as expressive for First Amendment purposes, and thus is entitled to the protections of the prior restraint doctrine. [4233-4234]
and then they proceed to dismantle the US's understanding on source code. Lot's of material I would never normally think about.
[1]: https://archive.epic.org/crypto/export_controls/bernstein_decision_9_cir.html https://archive.epic.org/crypto/export_controls/bernstein_de...