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?
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.
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.
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
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.
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.
First you need to have the source code