Comment point != if(code==speech);point = if(Inet==Xport) (Score 1) 98
First, I apologize for the pseudo-english in the topic. Translation:
"The point is not whether or not code is speech, the point is whether or not the internet is export."
The question of whether or not code == speech is really being debated for no reason. Personally, I think the answer is yes. Here's why:
Anything that communicates something can be considered under free-speech laws. But there are zillions of things that are restricted, that could be considered communication. Why? Because they violate a value held higher than free speech. For example, you can't express yourself in the manner of shooting someone, because we value personal safety more than free speech. So the question is not whether or not code is speech, the question is whether or not "Communication for the purpose of strong-encryption" is against the law in the same way that "communication for the purpose of prosititution" is. And, unfortunately, if the government says that it's against the law, then the government is right (for all intents and purposes).
Whether or not it should be against the law, is a much more interesting question in my mind, and has nothing to do with free speech. It is the fact that by placing this information on a web page, the professor provided outside countries with access to the information. This is what's considered illegal, and what should be debated.
I'm not real knowledgable on the topic of export (I'd sure like to learn more, though), but it seems to me that any country with computer geeks in it is going to come up with strong-encryption on their own eventually. I don't think (from a political point of view) it's worth the trouble of trying to convict sympathetic university professors to extend the exclusivity of the information.
"The point is not whether or not code is speech, the point is whether or not the internet is export."
The question of whether or not code == speech is really being debated for no reason. Personally, I think the answer is yes. Here's why:
Anything that communicates something can be considered under free-speech laws. But there are zillions of things that are restricted, that could be considered communication. Why? Because they violate a value held higher than free speech. For example, you can't express yourself in the manner of shooting someone, because we value personal safety more than free speech. So the question is not whether or not code is speech, the question is whether or not "Communication for the purpose of strong-encryption" is against the law in the same way that "communication for the purpose of prosititution" is. And, unfortunately, if the government says that it's against the law, then the government is right (for all intents and purposes).
Whether or not it should be against the law, is a much more interesting question in my mind, and has nothing to do with free speech. It is the fact that by placing this information on a web page, the professor provided outside countries with access to the information. This is what's considered illegal, and what should be debated.
I'm not real knowledgable on the topic of export (I'd sure like to learn more, though), but it seems to me that any country with computer geeks in it is going to come up with strong-encryption on their own eventually. I don't think (from a political point of view) it's worth the trouble of trying to convict sympathetic university professors to extend the exclusivity of the information.
