On: Senate encryption bill draft mandates 'technical a...

[DennisP]

Given that courts have ruled open-source crypto code to be constitutionally protected speech, it might be difficult to make that stick.

https://en.wikipedia.org/wiki/Source_code#Legal_issues_in_th...

[etjossem → DennisP]

The case in question (Bernstein v. United States) is fascinating: https://epic.org/crypto/export_controls/bernstein_decision_9...

[maxerickson → DennisP]

Would protected speech mean you could use some non compliant code to provide services or just that you could publish it?

[DennisP → maxerickson]

I don't know, but the bill doesn't appear to cover end users. Cloud-based services would probably have to deal with it, but not people running software on their own computers.