Court Rules Computer Code is Protected Speech Under First Amendment
On this day, 26 years ago, Judge Marilyn Patel ruled that computer code is considered speech and protected under the First Amendment. This decision stemmed from a lawsuit by cryptographer Daniel Bernstein against the US government regarding the classification of his encryption software as a weapon.
Key points of the ruling:
- The court recognized the constitutional right to express ideas through code.
- Cryptographic tools were previously classified with arms, requiring licensing for publication outside the US.
- The Electronic Frontier Foundation supported Bernstein's case, highlighting the importance of code in expressing algorithmic ideas.
- The ruling facilitated the development of strong encryption technologies for e-commerce and private enterprise.
- Without this legal protection, the release of Bitcoin could have been delayed significantly.
This landmark decision affirmed the freedom of cryptographers to share their work without governmental restrictions.