The Pomp Podcast
#1079 Aaron Daniel On How Free Speech Is Under Attack
- The Bernstein v. Department of Justice case established that source code qualifies as protected speech under the First Amendment, striking down pre-publication licensing schemes for encryption software.
- OFAC's sanctioning of Tornado Cash smart contract addresses raises questions about whether government can regulate unowned code and whether the action falls within OFAC's statutory authority.
- The arrest of a Tornado Cash developer in the Netherlands created a chilling effect on privacy-tool development, raising concerns about whether code creation constitutes criminal liability when others misuse the tool.
- Bitcoin's seizure-resistant properties create new challenges for the traditional legal system's ability to execute money judgments and satisfy court orders through asset collection.
- Privacy-enhancing technologies present a societal trade-off between protecting individual anonymity rights and enabling government enforcement of law and prevention of illicit activity.
- The right to anonymous speech and assembly has deep constitutional roots but has been rolled back in modern times, particularly since 9/11 and implementation of the Patriot Act.