this post was submitted on 31 May 2024
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While courts have ruled source code is first amendment protected. Your statement is still very very wrong. Just because it's first amendment protected doesn't mean it can't be classified normally or made illegal to leak because of ITAR.
But go leak some of the source code from XKeyscore or a schematic of a pair of GPNVG if you'd like to test our code classification and ITAR systems.
I'm not taking about sealing some government secrets. I'm taking about building a fun hobby project with some sort of targeting system. Think a small rocket that drops a payload or a water balloon launcher.
Okay but that has no relevance at all to what the comment you were replying to was about. Companies contracted by the government and DOD specifically to create rockets are guaranteed to be covered by ITAR. Meaning open sourcing them would be impossible, regardless of the first amendment or anything else.
There's a massive massive difference between the software for a DOD contracted rocket like SpaceX makes, and hobbyist rocketry.
In the U.S., you can build rockets all day long, they cannot be guided.
https://www.law.cornell.edu/uscode/text/18/2332g
You'd have to convince the feds it was never designed to be a weapon. Good luck with that.
That only applies to the hardware. I'm taking about software
Why do you think software would be treated any differently?
Again, because source code is protected under the first amendment
Okay but again as has been pointed out to you, that has no bearing on government contracted products like this, whether that's code or rockets or anything else the government doesn't want to just share with the entire world.
That's like saying hate speech/discrimination is protected under the first amendment
It is
With that being said you can be arrested for harassment and or disturbing the peace.