“Privacy advocates won a preliminary victory when for the second
time a federal appeals court questioned restrictions on
data-scrambling encryption software. “
“‘Because computer source code is an expressive means for
the exchange of information and ideas about computer programming,
we hold that it is protected by the First Amendment,’ a three-judge
panel said in a unanimous decision.”
“That decision reversed a July 1998 ruling by a federal district
court.”
“Now that the appeals court has ruled source code is protected
by the First Amendment, the government will have a much tougher
time arguing it should have the power to imprison a law professor
for posting a book on his website.”
“In a separate case that also challenges the criminal penalties
the U.S. government imposes for unauthorized encryption
distribution, the 9th U.S. Circuit Court of Appeals in May 1999
ruled that encryption source code was speech protected by the First
Amendment.”
“‘We conclude that the challenged regulations allow the
government to restrain speech indefinitely with no clear criteria
for review,’ the 9th Circuit panel said…”