Coin Center: Code Should Be Protected by the First Amendment, Developers Should Not Be Held Liable for Its Use
Odaily News Coin Center released a report stating that cryptocurrency software code constitutes "functional speech" and should be protected under the First Amendment of the U.S. Constitution. The organization argues that writing and publishing code is akin to writing a book or publishing a recipe; developers are "expressers and inventors," not custodians of assets or intermediaries.
The report points out that the mere act of publishing and maintaining software should be strictly protected. However, when developers directly control user assets, execute transactions on behalf of users, or make decisions for users, they may enter a realm subject to regulation.
This statement comes at a time of increasing regulatory controversy. Coin Center emphasized that developers should not be treated as financial intermediaries for the convenience of law enforcement. It calls for upholding existing free speech principles in the context of new technologies, rather than expanding the boundaries of criminal liability. (Cointelegraph)
