Is Regulation of Encryption a Regulation of Free Speech?

Posted By: Aidan L. Clark

 

Could the government regulate encryption? Encryption is a word that is used quite often in the public vernacular. At times, encryption is used as a general term, which is invoked when one is referring to concepts of digital information security and securing content of communications. Oftentimes, encryption code is copyrighted, a form of intellectual protection usually reserved for forms of expression protected by the First Amendment. However, it is important to understand the concept of encryption in a fuller sense if there is to be a discussion on the feasibility of regulating such a technology. This is because it is vital to understand why encryption came about, what it is, what it can do, and what it certainly cannot do, when attempting to discover the public policy effects of putting rules in place to govern it. Continue reading

Advertisements