Tag Archives: law

Code Is Not Speech

code is speech

Brief version Advocates understand the idea that “code is speech” to create an impenetrable legal shield around anything built of programming code. When they do this they misunderstand, or misrepresent, free speech law (and rights law in general), which rarely creates such impenetrable shields, the principles that underlie that law, and the ways those principles […]

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Are “Backdoors” Real or Virtual? The Logical Flaw in #AppleVsFBI

Apple Vs FBI protest

I’ve been working for quite a while on a longer piece about the argument that “backdoors make us less secure,” an article of faith among cryptographers, hackers and computer scientists that is adhered to with such condescension, vehemence (and at times, venom) that I can’t help but want to subject it to the closest scrutiny […]

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The Volkswagen Scandal: The DMCA Is Not the Problem and Open Source Is Not the Solution

VW Super Beetle (1972)

tl;dr The solution to the VW scandal is to empower regulators and make sure they have access to any and all parts of the systems they oversee. The solution is not to open up those systems to everyone. There is no “right to repair,” at least for individuals. Whether or not it deserves to be […]

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Opt-Out Citizenship: End-to-End Encryption and Constitutional Governance

Silk Road

Among the digital elite, one of the more common reactions to the recent shocking disclosures about intelligence surveillance programs has been to suggest that the way to prevent government snooping is to encrypt all of our communications. While I think encryption might be an important part of a solution to the total surveillance problem, it […]

Posted in cyberlibertarianism, privacy, rhetoric of computation, surveillance, what are computers for | Also tagged , , , , , , , , , , , , , | 2 Responses