[Cryptography] EFF amicus brief in support of Apple

Allen allenpmd at gmail.com
Fri Mar 4 16:54:59 EST 2016


I'm not sold on the "code is speech" argument.  Building a utilitarian,
non-expressive machine is not speech.  Building a utilitarian,
non-expressive machine that contains code does not turn either the machine
nor the code into speech.  Certainly code can be a form of speech,
depending on its content and intent, but not all code is speech.  In this
case however, I don't think the non-expressive portions of Apple's OS nor
its firmware are speech, nor would unpublished code (such as Apple is being
asked to provide) constitute speech, nor would signing unpublished code
constitute speech.
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