3 ms·

Downloading and running software is not speech. (Just trying to steel-man the opposing argument.)

• deathanatos 2y ago
  There is ample precedent in Bernstein v. United States that it is, in fact, free speech, and none that ought to be revisited here. AFAICT, there's a differentiation that should be made between the model and the mobile app. TFA, and I'm assuming the bill, too, AFAICT, don't differentiate. The model seems unequivocally speech. Whether a mobile app can be banned seems like a different question; from other reporting it seems like the mobile app is laden with lovely things like keyloggers, and there, I can see "national security" might withstand scrutiny. If the Senator were actually concerned about American's data, he'd pass some privacy laws. But the GOP is all laissez-faire capitalists these days, and they would not want the government telling American companies that that can't sell American data for money.
• jameslk 2y ago
  From my understanding, downloading and running software could be considered a form of conduct or could be considered a form of expression, depending on the intention (e.g. using an LLM to generate poetry would be expression). The latter would put it in a category that is covered by the first amendment. I'd imagine there would be quite an uphill battle to argue that using a specific LLM that has been made permissibly available isn't protected in some circumstances