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otterleyyesterday at 10:22 PM1 replyview on HN

It is you who needs to do your research. That was not PGP. The Bernstein case was about Snuffle.

In that very same case, the Ninth Circuit Court of Appeals said:

"We emphasize the narrowness of our First Amendment holding. We do not hold that all software is expressive. Much of it surely is not. Nor need we resolve whether the challenged regulations constitute content-based restrictions, subject to the strictest constitutional scrutiny, or whether they are, instead, content-neutral restrictions meriting less exacting scrutiny. We hold merely that because the prepublication licensing regime challenged here applies directly to scientific expression, vests boundless discretion in government officials, and lacks adequate procedural safeguards, it constitutes an impermissible prior restraint on speech."


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DennisPyesterday at 11:13 PM

Yes, I mentioned that Bernstein made his own software. But that was in the context of a huge public controversy over encryption regulations, mostly focused on PGP, and after the Bernstein decision, the Clinton administration eased up on export restrictions and moved them to the Commerce department. Junger vs Daley strengthened the Bernstein decision, ruling that all source code is protected speech.

https://en.wikipedia.org/wiki/Junger_v._Daley

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