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Cyhist Aug 27 1997 E
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========================================================================= Date: Wed, 27 Aug 1997 19:09:44 -0700
Reply-To: "CYHIST Community Memory: Discussion list on the History of
Cyberspace" <CYHIST@MAELSTROM.STJOHNS.EDU> Sender: "CYHIST Community Memory: Discussion list on the History of
Cyberspace" <CYHIST@MAELSTROM.STJOHNS.EDU> From: Joe Shea <joeshea@NETCOM.COM>
Subject: Re: Computer code as free speech
X-To: Nathan Vincent <nathanv9@IDT.NET>
In-Reply-To: <199708280153.SAA03842@netcom18.netcom.com> MIME-Version: 1.0
Content-Type: TEXT/PLAIN; charset=US-ASCII
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Community Memory: Discussion List on the History of Cyberspace ______________________________________________________________________
I think Nathan may have missed a previous post in which Patel was quoted saying her concern was not the code as speech, but the prior restraint on speech that would be created by barring export of the code. By the code as speech standard, one would be hard put to legally distinguish code as speech from code as Netscape or any other application that is a device, not speech.
Joe Shea
Editor-in-Chief
The American Reporter
joeshea@netcom.com
http://www.american-reporter.com
On Wed, 27 Aug 1997, Nathan Vincent wrote:
>
>There actually is a precedent for computer code being free speech. We consider telephone conversations to be protected. However, the conversation is generally not in a analog format when it passes through the switching office. So, this is quite reasonable to say that computer code is protected as free speech.
______________________________________________________________________
Reply-To: "CYHIST Community Memory: Discussion list on the History of
Cyberspace" <CYHIST@MAELSTROM.STJOHNS.EDU> Sender: "CYHIST Community Memory: Discussion list on the History of
Cyberspace" <CYHIST@MAELSTROM.STJOHNS.EDU> From: Joe Shea <joeshea@NETCOM.COM>
Subject: Re: Computer code as free speech
X-To: Nathan Vincent <nathanv9@IDT.NET>
In-Reply-To: <199708280153.SAA03842@netcom18.netcom.com> MIME-Version: 1.0
Content-Type: TEXT/PLAIN; charset=US-ASCII
______________________________________________________________________
Community Memory: Discussion List on the History of Cyberspace ______________________________________________________________________
I think Nathan may have missed a previous post in which Patel was quoted saying her concern was not the code as speech, but the prior restraint on speech that would be created by barring export of the code. By the code as speech standard, one would be hard put to legally distinguish code as speech from code as Netscape or any other application that is a device, not speech.
Joe Shea
Editor-in-Chief
The American Reporter
joeshea@netcom.com
http://www.american-reporter.com
On Wed, 27 Aug 1997, Nathan Vincent wrote:
>
>There actually is a precedent for computer code being free speech. We consider telephone conversations to be protected. However, the conversation is generally not in a analog format when it passes through the switching office. So, this is quite reasonable to say that computer code is protected as free speech.
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