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Cyhist Aug 27 1997 B
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========================================================================= Date: Wed, 27 Aug 1997 11:00:30 -0400
Reply-To: andrew stellman <roo@razorwire.com>
Sender: "CYHIST Community Memory: Discussion list on the History of
Cyberspace" <CYHIST@MAELSTROM.STJOHNS.EDU> From: andrew stellman <roo@RAZORWIRE.COM>
Subject: Re: Computer code as free speech
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Community Memory: Discussion List on the History of Cyberspace ______________________________________________________________________
On Wed, 27 Aug 1997, Janet Abbate wrote:
>I saw this on Edupage (see below) and was struck by the court's argument that computer code constitutes free speech (in the American legal sense) and that government controls on software can therefore be considered "censorship". This seems like a bizarre interpretation of "speech," especially since the programs in question would probably be exported in binary form, which doesn't much resemble human language.
i believe that the judge made herself clear on the matter:
---
exerpt from http://cnnfn.com/digitaljam/wires/9708/26/encrypt_wg/
"By the very terms of the encryption regulations, the most common expressive activities of scholars -- teaching a class, publishing their ideas, speaking at conferences, or writing to colleagues over the Internet -- are subject to a prior restraint by the export controls ...," Patel wrote in a 32-page ruling released in San Francisco. ---
it seems reasonable when put that way.
andrew
______________________________________________________________________
Reply-To: andrew stellman <roo@razorwire.com>
Sender: "CYHIST Community Memory: Discussion list on the History of
Cyberspace" <CYHIST@MAELSTROM.STJOHNS.EDU> From: andrew stellman <roo@RAZORWIRE.COM>
Subject: Re: Computer code as free speech
In-Reply-To: <199708271424.HAA15779@proxy2.ba.best.com> MIME-Version: 1.0
Content-Type: TEXT/PLAIN; charset=US-ASCII
______________________________________________________________________
Community Memory: Discussion List on the History of Cyberspace ______________________________________________________________________
On Wed, 27 Aug 1997, Janet Abbate wrote:
>I saw this on Edupage (see below) and was struck by the court's argument that computer code constitutes free speech (in the American legal sense) and that government controls on software can therefore be considered "censorship". This seems like a bizarre interpretation of "speech," especially since the programs in question would probably be exported in binary form, which doesn't much resemble human language.
i believe that the judge made herself clear on the matter:
---
exerpt from http://cnnfn.com/digitaljam/wires/9708/26/encrypt_wg/
"By the very terms of the encryption regulations, the most common expressive activities of scholars -- teaching a class, publishing their ideas, speaking at conferences, or writing to colleagues over the Internet -- are subject to a prior restraint by the export controls ...," Patel wrote in a 32-page ruling released in San Francisco. ---
it seems reasonable when put that way.
andrew
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