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April 24, 2000 (#0025)
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:: Shhh... Encryption ::

Coming to write about encryption laws, especially down here at the Wadi, one has to tread lightly. Law enforcement agencies in Israel aren't known to have a keen sense of humor when encryption is involved.

Why are we writing about encryption?

Well, On the 4th of April, a U.S. appeals court has determined that software code is protected under free speech, thus making government regulations banning the export of cryptographic software unconstitutional. In the decision the court wrote: "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".

It is likely that the U.S. government will appeal, and this will be taken to the Supreme Court. However, this has interesting implications - First of all, recognizing code as a form of speech is quite amusing. You gotta admit you feel a little better about those thousands of lines you wrote this week. The next logical step will be to recognize code as art.

Of course, it would be naive to think that this will, in any way, influence encryption laws in the Wadi. After all, we still are a small country, surrounded by enemies.

Wadi Writer #3 (Maroon)

WadiList@Mail.com

Links:

The Court's Decision - http://samsara.law.cwru.edu/victory.txt


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