Bitcoin and the Constitution: Is Code Speech?
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- เผยแพร่เมื่อ 13 ก.ย. 2024
- Although Bitcoin and other cryptocurrencies are hitting the mainstream, the way the law will treat them is still undeveloped. In this episode, we talk about how and whether the First and Fourth Amendments might apply to cryptocurrency, what kind of protection they offer, and ways to make sure the law develops in a way that protects innovation and opportunity.
Host: Melanie Hildreth
Guests: IJ Senior Attorneys Robert McNamara and Jeff Rowes
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I know what can beat digital coin at any moment mother nature. Just ask Texas what happens during the freeze let alone if a major hurricane hits any part of the u.s. or a covid crisis can't get outside. ? What did the ATMs do did the banks credit cards work was there any bank tellers there to give you paper cash? Did you have any gold or silver small coins to trade?.
@@HavingCoffieWithMrSatan So because you can’t temporarily access digital currency it’s beaten? What? That makes no sense.
@@glane3962 exactly
Temporary... just like all the mask mandates and lockdowns and 9/11 presidential executive orders... all things that are temporarily permanent
@@KenMabie They aren’t temporarily permanent.
Because you can’t access temporarily because of power does not beat a digital currency or make it shutdown. Those people in that area just can’t access it for awhile.
Jeez you people are unintelligent
This is why the Court system is so screwed up. The minutia is beyond ridiculous.
Common law should be the only court in the country and Corporate Courts should be non-existent.
I totally agree!
Do an episode on why corporations think they can trample on the Bill of Rights. When did corporate policy’s supersede Constitution protections?
Example?
@@robertguidry2168 free speech, the 1st, 4th Amendment, and 9th Amendments to start.
@@andysmith5012 Facebook, and the other companies that provide a platform do not interfere with free speech, its quite simple you don't get to demand that you use someone else's megaphone to make your speech louder. This is the equivalent of demanding free space in a newspaper to provide a place for your speech.
@@Citadel97501 “With regard to freedom of speech there are basically two positions: you defend it vigorously for views you hate, or you reject it and prefer Stalinist/fascist standards. It is unfortunate that it remains necessary to stress these simple truths”
Noam Chomsky
@@Citadel97501 what are you like 12?
Only Gold and Silver are money! NOT Federal Reserve Notes that are DEBT papers, NOT money!
Incorrect, federal reserve notes IE the Dollar are money...
@@Citadel97501 Wrong...Federal Reserve Notes are not lawful money in accordance with the Coinage Act of 1792.
Read it, especially sections 9&10, you may learn something. The Constitution has never been Amended to allow anything but gold and silver coins to be legal tender.
Read Article 1. Section 10 1st paragraph. Open your mind.
You guys are awesome! Love the way you break down the essence of each case.
There was a case in the late 90s (Bernstein v. United States) where Daniel J. Bernstein went to court to argue that human readable computer source code was protected speech under the First Amendment and that the restrictions preventing the export of software for performing encryption were unconstitutional. In the end, the US government decided to relax the restrictions and allow the export of most cryptography rather than get a court ruling that might be a problem in the future.
Another similar case was brought by Defense Distributed, a company that makes and shares computer 3d models that allow you to produce guns and gun parts using various technologies (including 3D printing and CNC machining). The US government said that their plans were illegal under export controls and that lead to Defense Distributed v. U.S. Dept. of State that resulted in the US changing the rules and allowing Defense Distributed (and others) to publish their plans. (although there were subsequent court challenges by various states and I have no idea of the current state)
Thanks for existing!
please run this by your constitutional law attorneys. i am not a criminal, but while watching either a lawyer show or a cop show, this just popped into my head.
for the sake of this discussion, i am a local criminal that is known to commit violent crimes. muggings, armed robberies and such. while robbing someone, i am also careful enough to conceal my identity, but the victim can still get a "general" description of me. the police bring in people who fit my general description for questioning and ask us to participate in a line up. during the line up, they have us read the words that were spoken during the crime. if the victim identified me based on the sound of my voice, would that be considered an admission of guilt? would i have just given up my fifth amendment rights protecting me against self incrimination?
Although I hope we can shape the law for us crypto currency users. I do think the solution lies with tech itself. So, using Arrr or monero could be solutions to keep our assets private might be a solution to protecting ourselves from the government.
The Supremes said money is speech, If money is free speech, how can it be taxed?
Only federal reserve notes are taxed. Not real money Gold and Silver.
@@user-hp3iz5zl1p Gold and silver are taxed if you make a transaction with it, like buying a car and if the gold was worth more compared to when you bought it.
@@user-hp3iz5zl1pWell, the Supremes decision was based on the Notes, unless contributions to political parties, PACs, etc. is all paid in Gold or silver.
It's not real money!
@@Pyeknom If Federal Reserve Notes are considered to be lawful money 💰 then why does Title 12 U.S.C Section 411 say those Notes are redeemable in *Lawful Money* on demand ?
What am I missing ? 😕
Great discussion!
Awesome information 👏
If corporations can be people, I suppose code could be speech. We’ve gone down the rabbit hole now...
0:55 "Code is money, money is code". This is not computer code/machine language code. This is about encryption keys for coding and decoding encrypted messages. Are encryption keys Constitutionally protected? An analogy might be if someone posted a diagram of your keys to your property. Would that be Constitutionally protected? Where it differs is encryption keys are used to code and decode messages, because it's over public network, the internet. Once the encryption keys your bank uses are available would they be protected under the Constitution? As always, the encryption keys would have to be changed to not different ones (those have been mined out, solved), but longer ones. At least that is my understanding of cryptocurrency/cyptomining and why they are willing to pay good money for it.
What about the 1st amendment implications of ITAR?
I think the 1st amendment doesn't cover computer code because the inteded audience is a computer and the main intended received message is of a physical act that isn't just vibrations of air from a mouth.
With censorship all around, this does look like free speech.
Are you guys seriously debating this? Didn't the supreme court already rule that code is speech back in the 90's?
Yes and they ruled that money is speech in 2010 Citizens United v Federal Elections Commission 558 US 310
@@edwardmiessner6502 yeah, I remember. I think I can also remember an epic battle over encryption in the 90s - iirc, MIT got in on it, and a bunch of the internet innovation was only possible because the gov gave up trying to control encryption... Memory's a bit fuzzy now though...
Bitcoin may attempt to get around US securities law. Consumers need to be protected from nefarious or incompetent coin issuance.
It doesn't need to be viewed against the Constitution, whether it's a novelty or something that's here to stay it's a private type of investment at no time should it ever be allowed in alleged as a true currency in regards to the US dollar.
Why? The Federal Reserve Note is unconstitutional (fraudulent)!
@@Pyeknom I would agree with you in that point, I along with millions of Americans (and maybe yourself) understand that the federal reserve itself is unconstitutional. That being said the US Dollar is and should always be the only official US currency
@@skysoldier1127 No its not, seriously people stop blowing smoke and go read the constitution.
@@Citadel97501 well since you believe that you're of superior knowledge why don't you grant me your massive wisdom and actually post here where in the Constitution that backs up your belief. I'll wait for an intelligent response
@@skysoldier1127 well, it is....read the Coinage Act of 1792. It has never been repealed. Just corruptly ignored. But it still the Supreme Law pursuant to the Constitution.
Enacted by the second congress and signed by President George Washington.
Is thirty-trillion dollars worth of unlawful debts Notes a collosial fraud against the people?
So pretty much what you are saying is all fireworks laws are illegal to enforce on the 4th of July (or any other day) as they are speech rather than conduct.
she looks like Keira Knightley
Similar. Melanie is far more beautiful.
Stay tuned in for the next episode of the lost invisible $
The best constitutional argument against cryptocurrency is the following.
-Congress shall have power to coin money, regulate the Value thereof, and of foreign coin, and fix the standard of weights and measures. ~ Art. I, sec. 8, cl. 5.
-No state shall coin money, emit bills of credit, or make any thing but gold and silver coin a tender in payment of debts. ~ Art. I, sec. 10, cl. 1.
Basically these 2 articles limit anyone but the federal government from issuing or minting money.
You misquoted the Constitutional statements. You cannot add punctuation to the Constitution without first Amending it via Article V.
The sentence is not complete until the period is placed. You have no right to add your own period to the Constitution, in order to establish new power not in the original Document.
Periods. Colons, semi colons all effect the context of the document, be careful not to twist, distort, alter, pervert or corrupt our founding Republic.
Freedom is not Free !
Cryptocurrency is essentially property, product and phantasm. Money and cryptocurrency are kindred. It is neither are speech or language, but more accurately one byproduct of work or work product generates through speech, language & code.
Just use private crypto currencies like Arrr, then it is all private.
So, if someone gives me a car and I send 10,000 Arrr with the message thank you for giving me this gift. Is that speech?
I wouldn't think so, but this whole conversation if a fun thought experiment.
That is technically tax fraud, and the illegal minting of your own currency.
@@Citadel97501 Right, I wrote that tongue-in-cheek.
This reminded me how much the blue screen sucks.
I am only 4.5 minutes in and this guy speaking is using double talk. Same action but it depends on how we want to classify it ? You just turned me off.
BITCOIN [=DS]
"Money is Code and Code is Speech"
well duh .. Money Talks and Bullshit Walks
you guys just arrive on Earth? cause that has been common knowledge for a reaaaaaaaaaaaaallly long fucking time ..
Listen to the entire thing before you comment.
@@glane3962 why am i not allowed to make comments on their comments? .. how do you know i didnt watch the entire thing.. oh right you dont .. you want to get offended and act like you are morally superior like some sumg douchebag know-it-all-know-nothing ...
good job moron congrats ...
@@KenMabie I know you didn’t because the video was 11 minutes old when you commented and the video is nearly 40 minutes long.
Your not too intelligent.
@@KenMabie You didn’t watch the entire thing and got caught by G lane. 😂
If you had watched the entire thing then you would of understood how speech and code can be regulated depending on the situation
@@boeufprairieartifacts9814 oh i'm sorry you seem to think i am someone who cares about you or hat you think .. let me clarify .. i dont give 2 tugs of a dead dogs dong about you or your opinions... are we crystal clear?
Mr Satan first
Moron