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0 sats \ 4 replies \ @siggy47 OP 24 Apr \ parent \ on: Samourai Indictment Count Two Could Have Serious Implications For All Wallets bitcoin
Can we put aside the mixing aspect and focus on count two? You creating a virus would subject you to criminal liability. It's your act that made it criminal. Let's say you made that virus for a white hat defense?
I'm happy to consider those two things separately, but I think the implication is that some code violates private property.
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I didn't go through it carefully, but I think this article sums up the law regarding code as speech pretty well:
https://www.pbs.org/wgbh/nova/article/is-code-free-speech/
In the 1990s, the Electronic Frontier Foundation—which, at the time, was a fairly new organization—took on a series of cases on behalf of a cryptographer named Daniel Bernstein, who argued that he had a right to make public certain cryptographic programs that he’d created. Bernstein wanted to publish an algorithm, a mathematical paper that explained the algorithm, and the source code for a computer program that incorporated it. But the government required Bernstein to apply for a license to do all of this— and to submit his ideas for federal review.
Bernstein sued and eventually won the case. Software source code was deemed speech protected by the First Amendment.
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I don't think bernstein was charged for using the code, but for publishing it.
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