[Cryptography] 2nd Amendment Case for the Right to Bear Crypto

Phillip Hallam-Baker phill at hallambaker.com
Thu May 12 09:09:26 EDT 2016


Never use the second amendment when you can use the first.

The interpretation of both amendments have changed over time. Less than a
hundred years ago, Eugene Debs was in prison in the US for exercising his
free speech right. But there is a strong consensus on the first amendment
that is really not under serious challenge in any part of the
establishment. Politicians and judges agree on an interpretation that is
very close to being absolute.

The current SCOTUS interpretation of the second amendment is very recent,
it was handed down by the Rehnquist court and even that interpretation is
far from absolute. Even Scalia probably wouldn't have found for a personal
right to have hand grenades. And what is coming with DIY drones carrying
IEDs is likely to scare future courts into being very very restrictive
indeed.

Cryptography was being regulated as a munition during the Rehnquist era.
The case was won on first amendment, free speech grounds.
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