Regulating the Internet

Abstract

Established U.S. law has long held that computer code is a language, like any other language, and is therefore subject to same free speech protections afforded other forms of speech under the First Amendment of the United States Constitution. Computer code also protects free speech through cryptography that enables protected communication between two or more parties. This article will consider the legal history of computer code as free speech and how it can be used to promote other forms of free speech through cryptography and secure communications. It will further argue that the deep web and dark web are direct results of these precedents, and while they can be abused by cybercriminals and malicious state actors, they are also indispensable in promoting free speech and human rights.