Law¶
Court cases, statutes, and legal topics that establish precedent protecting software rights, code as speech, privacy, and internet freedom.
Landmark Cases: Code as Speech¶
These cases establish that source code is constitutionally protected expression under the First Amendment.
CASE-BERNSTEIN-V-DOJ: Bernstein v. DOJ (9th Cir. 1999) — source code is protected speech; export restrictions on cryptography are an unconstitutional prior restraint.CASE-JUNGER-V-DALEY: Junger v. Daley (6th Cir. 2000) — source code is protected by the First Amendment because of its expressiveness.CASE-UNIVERSAL-V-CORLEY: Universal City Studios v. Corley (2d Cir. 2001) — code is speech but DMCA anti-circumvention survives intermediate scrutiny.
Landmark Cases: Internet Freedom¶
These cases protect internet access and online speech as constitutionally important.
CASE-RENO-V-ACLU: Reno v. ACLU (1997) — struck down CDA provisions restricting internet speech as overbroad First Amendment violations.CASE-PACKINGHAM-V-NC: Packingham v. North Carolina (2017) — internet access is constitutionally protected; government cannot broadly restrict access to online platforms.
Landmark Cases: Digital Privacy¶
These cases establish privacy protections in the digital context.
CASE-CARPENTER-V-US: Carpenter v. United States (2018) — acquisition of cell-site location records is a Fourth Amendment search requiring a warrant.
Landmark Cases: Computer Crime¶
CASE-VAN-BUREN-V-US: Van Buren v. United States (2021) — narrowed CFAA "exceeds authorized access" to a gates-up-or-down inquiry, rejecting criminalization of policy-violating use.CASE-PERFECT10-V-CCBILL: Perfect 10 v. CCBill — safe harbor and intermediary liability.
Statutes¶
STAT-DMCA-512: 17 U.S.C. § 512 — DMCA safe harbor for online service providers.STAT-CFAA-1030: 18 U.S.C. § 1030 — Computer Fraud and Abuse Act.
Legal Topics¶
TOPIC-FIRST-AMENDMENT: First Amendment — freedom of speech and press.TOPIC-FOURTH-AMENDMENT: Fourth Amendment — protection against unreasonable searches.TOPIC-CODE-AS-SPEECH: Code as Speech — the doctrine that source code is constitutionally protected expression.TOPIC-SAFE-HARBOR: Safe Harbor — online service provider liability protections.TOPIC-INTERMEDIARY-LIABILITY: Intermediary Liability — when platforms are liable for user content.TOPIC-COMPUTER-FRAUD: Computer Fraud and Abuse — criminalization of computer access.
Why This Matters¶
These cases and statutes form the legal foundation for software companies to:
- Publish and distribute code without prior government approval (Bernstein, Junger)
- Operate internet platforms without being chilled by overbroad speech restrictions (Reno, Packingham)
- Resist surveillance without warrants based on third-party doctrine (Carpenter)
- Avoid criminal liability for ordinary computer use (Van Buren)
- Benefit from safe harbor protections when hosting user content (DMCA § 512)