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A comment on The EARN IT Act: how to ban end-to-end encryption without banning it. Parent comment

Re:The EARN IT Act: how to ban end-to-end encryption without... by henryfjordan on Friday January 31, 2020 @05:49PM (#22206743)
The US Govt considers encryption a form of weapons tech so that it falls under Munitions Exports Controls (see https://en.wikipedia.org/wiki/Export_of_cryptography_from_th...). But the proposed law doesn't outlaw private use of encryption, only potentially outlawing corporations from offering it, so I don't know the 2nd Amendment would really apply.
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Re:The EARN IT Act: how to ban end-to-end encryption without... by dependenttypes on Friday January 31, 2020 @11:41PM (#22208715)
The US courts seem to agree that encryption software are protected under the 1st amendment. See https://en.wikipedia.org/wiki/Bernstein_v._United_States
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Re:The EARN IT Act: how to ban end-to-end encryption without... by msp_yc on Friday January 31, 2020 @07:01PM (#22207297)
If encryption is considered a form of arms, it does appear that there is case law that grants sellers of arms some constitutional protections - quick article at https://harvardlawreview.org/2014/04/does-the-second-amendme....

I think, at this point, one could successfully argue that the proposed law follows 'reasonable regulation' and so protections aren't afforded. But it would be an interesting discussion.

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