Some people think privacy doesn't matter as long as you have nothing to hide. But online privacy is a form free speech. Despite government efforts, encryption is not a munition and source code is speech protected under the first amendment.


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In the 1990s, the government fiercely attacked online privacy by classifying encryption software as a munition, and regulating it as biological weapons or firearms. Exporting encryption was heavily restricted, required a government license, and made its implementation on the Internet virtually impossible.

In 1991 Phil Zimmerman developed his first version of an encryption program called Pretty Good Privacy designed to secure email communications, files or even entire disks. Two years later, Zimmerman was under criminal investigation for exporting munitions without a license and was barred from sharing his software on the Internet. Zimmerman published the whole PGP source code in a hardcover book distributed by MIT Press. In a digital form, PGP was an outlawed piece of software. But printed in a book, it was free speech protected by the Constitution.


In 1994, a graduate student at the University of California was developing an encryption algorithm that he intended to publish, distribute and share openly on public lectures and on the Internet. However, the US Department of State classified his cryptographic software under the Arms Export Control Act and the International Traffic in Arms Regulations. After several years of legal battles, the court eventually decided that Bernstein’s source code is protected by the Constitution. The judge ruled that code is speech.


Online privacy protects you from censorship. Encryption allows you to express yourself publicly but anonymously. It lets you develop and try ideas before you are comfortable to share them with others. It gives you a space with your own borders where you are free from judgment and control. The first amendment grants you the right to encrypted speech.


Sources
Legal cases
https://www.eff.org/cases/bernstein-v...
https://scholarship.law.berkeley.edu/...
https://www.eff.org/deeplinks/2015/04...
https://www.eff.org/deeplinks/2005/07...
https://www.eff.org/press/archives/20...
https://www.eff.org/press/archives/20...
https://www.eff.org/press/archives/20...
https://www.eff.org/deeplinks/2014/09...
https://law.stackexchange.com/questio...

Other
https://networkingnerd.net/2016/03/16...
http://www.cypherspace.org/rsa/legal....
https://www.millercanfield.com/resour...
https://www.gpo.gov/fdsys/pkg/FR-2018...
https://www.ecfr.gov/cgi-bin/text-idx...
https://www.law.cornell.edu/cfr/text/...
https://www.washingtonpost.com/wp-srv...
https://www.nytimes.com/1996/11/08/bu...
https://www.philzimmermann.com/EN/ess...
https://en.wikipedia.org/wiki/Pretty_...

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