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this post was submitted on 13 Jul 2023
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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
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.
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.
First you need to have the source code