this post was submitted on 13 Jul 2023
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[–] [email protected] -1 points 1 year ago (3 children)

If you converted the source code of the tiktok app into a book, and said having that book as a PDF on those devices was prohibited, it would be a violation of freedom of speech, no?

So why should it being a PDF or not matter? Bernstein v. US held that software code is protected under the 1st amendment. https://www.eff.org/cases/bernstein-v-us-dept-justice

[–] fubo 6 points 1 year ago* (last edited 1 year ago)

The Bernstein case referred to publishing software source code, which is human-readable and does not come with permissions requirements. A compiled app, coupled with specific permissions requirements for tracking, doesn't fit the fact pattern of the Bernstein case.

[–] [email protected] 5 points 1 year ago* (last edited 1 year ago)

Ok maybe I’m misunderstanding the ban but the book isn’t transmitting data is it?

I thought the TikTok ban was based on who has access to the data, not that the data exists.

I’m pretty certain transcribing confidential information into a book and calling it free speech wouldn’t circumvent the laws restricting access to that info.

[–] nxfsi 1 points 1 year ago

First you need to have the source code